Christopher Williams v. Warden McKie
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:12-cv-01590-DCN. Copies to all parties and the district court/agency. [999092608]. Mailed to: Christopher Williams. [13-6141]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6141
CHRISTOPHER LOVE WILLIAMS,
Petitioner - Appellant,
v.
WARDEN McKIE,
Respondent – Appellee,
and
SCDC,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. David C. Norton, District Judge.
(6:12-cv-01590-DCN)
Submitted:
April 18, 2013
Decided:
April 23, 2013
Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Christopher Love Williams, Appellant Pro Se.
Donald John
Zelenka, Senior Assistant Attorney General, Columbia, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Christopher Love Williams seeks to appeal the district
court’s
judge
order
and
petition.
or
judge
accepting
denying
relief
recommendation
on
his
28
of
U.S.C.
the
§
magistrate
2254
(2006)
The order is not appealable unless a circuit justice
issues
a
certificate
§ 2253(c)(1)(A) (2006).
issue
the
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 Williams has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
and
legal
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contentions
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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