Jeroid Price v. Wayne McCabe

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-01172-JMC Copies to all parties and the district court/agency. [998902843]. Mailed to: Jeroid Price. [12-6740]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6740

JEROID J. PRICE,
Petitioner - Appellant,
v.
WAYNE MCCABE, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
J. Michelle Childs, District Judge.
(1:11-cv-01172-JMC)

Submitted:

July 19, 2012

Decided:

July 26, 2012

Before DUNCAN, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeroid J. Price, Appellant Pro Se. Donald John Zelenka, Deputy
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jeroid J. Price seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2006) petition.

The

order is not appealable unless a circuit justice or judge issues
a

certificate

(2006).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(A)

A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2).
on

the

merits,

demonstrating
district

that

court’s

debatable

or

a

When the district court denies relief

prisoner
reasonable

assessment

wrong.

satisfies
jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

constitutional
529

U.S.

by

that

the

claims

is

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
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 Price 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