Mark Melton v. Warden Tyger River

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:11-cv-03384-CMC Copies to all parties and the district court/agency. [998865049]. Mailed to: Mark Melton. [12-6387]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6387

MARK CLAUDE MELTON,
Petitioner - Appellant,
v.
WARDEN, TYGER RIVER CORRECTIONAL INSTITUTION,
Respondent - Appellee,
and
STATE OF SOUTH CAROLINA,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Cameron McGowan Currie, District
Judge. (8:11-cv-03384-CMC)

Submitted:

May 24, 2012

Before MOTZ and
Circuit Judge.

DAVIS,

Decided:

Circuit

Judges,

and

May 31, 2012

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Mark Melton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Mark Melton seeks to appeal the district court’s order
accepting

the

dismissing

as

petition.
or

judge

recommendation
successive

the

Melton’s

28

magistrate
U.S.C.

§

judge
2254

and

(2006)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2006).
issue

of

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the petition states a
debatable claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Melton has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

3