Gary Wayne Presley v. State of South Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999293310-2]; denying for certificate of appealability Originating case number: 8:13-cv-00952-RMG Copies to all parties and the district court/agency. [999364648]. Mailed to: Presley. [14-6177]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6177

GARY WAYNE PRESLEY, formerly 600249, 214298 Alpha,
Petitioner - Appellant,
v.
THE STATE OF SOUTH CAROLINA; RONALDO MYERS, Director of the
Alvin S. Glenn Detention Center,
Respondents - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Richard Mark Gergel, District
Judge. (8:13-cv-00952-RMG)

Submitted:

May 22, 2014

Before TRAXLER,
Circuit Judges.

Chief

Decided: May 29, 2014

Judge,

and

HAMILTON

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Gary Wayne Presley, Appellant Pro Se.
Donald John Zelenka,
Senior Assistant Attorney General, Columbia, South Carolina;
William Henry Davidson, II, David Allan DeMasters, DAVIDSON &
LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gary Wayne Presley, a state prisoner, seeks to appeal
the

district

court’s

order

§ 2241 (2012) petition.

denying

relief

on

his

28

U.S.C.

The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(A)

(2012).

A

certificate

of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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 Presley has not made the requisite showing.

Accordingly,

we deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

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