Christopher L. Grate v. Joseph McFadden
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:13-cv-00215-JFA Copies to all parties and the district court/agency. [999442849]. Mailed to: Grate. [14-6623]
Appeal: 14-6623
Doc: 7
Filed: 09/25/2014
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6623
CHRISTOPHER L. GRATE,
Petitioner - Appellant,
v.
JOSEPH MCFADDEN, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Joseph F. Anderson, Jr., District
Judge. (4:13-cv-00215-JFA)
Submitted:
September 23, 2014
Before NIEMEYER and
Senior Circuit Judge.
GREGORY,
Decided:
Circuit
September 25, 2014
Judges,
and
HAMILTON,
Dismissed by unpublished per curiam opinion.
Christopher L. Grate, Appellant Pro Se.
Donald John Zelenka,
Senior
Assistant
Attorney
General,
James
Anthony
Mabry,
Assistant Attorney General, Columbia, South Carolina, for
Appellee
Unpublished opinions are not binding precedent in this circuit.
Appeal: 14-6623
Doc: 7
Filed: 09/25/2014
Pg: 2 of 3
PER CURIAM:
Christopher
court’s
judge
order
and
petition.
or
judge
L.
accepting
denying
the
relief
seeks
to
appeal
recommendation
on
his
28
of
U.S.C.
the
the
§
district
magistrate
2254
(2012)
The order is not appealable unless a circuit justice
issues
a
certificate
§ 2253(c)(1)(A) (2012).
issue
Grate
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 Grate 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
Appeal: 14-6623
Doc: 7
contentions
Filed: 09/25/2014
are
adequately
Pg: 3 of 3
presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?