Bobby Lewis v. Warden Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999308817-2] Originating case number: 1:12-cv-02584-SB Copies to all parties and the district court/agency. [999367823]. Mailed to: Lewis. [14-6333]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6333

BOBBY JOE LEWIS,
Petitioner – Appellant,
v.
WARDEN LEROY CARTLEDGE,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
Solomon Blatt, Jr., Senior District
Judge. (1:12-cc-02584-SB)

Submitted:

May 29, 2014

Decided:

June 3, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bobby Joe Lewis, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, William Edgar Salter, III, Assistant
Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bobby Joe Lewis 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 (2012) petition.

The

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

certificate

(2012).

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) (2012).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

prisoner

reasonable

assessment

wrong.

When the district court denies

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

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 Lewis has not made the requisite showing.
deny

Lewis’s

motion

dismiss the appeal.
facts

and

legal

for

a

certificate

of

Accordingly, we

appealability

and

We dispense with oral argument because the

contentions

are
2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.

DISMISSED

3