Charles Patterson v. Darrell McGraw, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:13-cv-03825. Copies to all parties and the district court/agency. [999408118]. Mailed to: appellant. [14-6595]

Appeal: 14-6595

Doc: 11

Filed: 08/01/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6595

CHARLES EDWARD PATTERSON,
Petitioner - Appellant,
v.
DARRELL V. MCGRAW, JR.; JOE THORNTON, MAPS Secretary; TERRI
SWECKER, Director of SORA,
Respondents - Appellees.

Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:13-cv-03825)

Submitted:

July 29, 2014

Decided:

August 1, 2014

Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Edward Patterson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-6595

Doc: 11

Filed: 08/01/2014

Pg: 2 of 3

PER CURIAM:
Charles Edward Patterson 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

(2012)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2012).
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) (2012).

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 Patterson 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

Appeal: 14-6595

Doc: 11

contentions

are

Filed: 08/01/2014

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3