Bobby Gibson, Jr. v. Larry Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 9:13-cv-02234-JFA Copies to all parties and the district court/agency. [999512957].. [14-7308]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7308

BOBBY GIBSON, JR.,
Petitioner - Appellant,
v.
LARRY CARTLEDGE,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Joseph F. Anderson, Jr., Senior
District Judge. (9:13-cv-02234-JFA)

Submitted:

January 15, 2015

Decided:

January 20, 2015

Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

John Brandt Rucker, BRANDT RUCKER ATTORNEY AT LAW, Greenville,
South Carolina, for Appellant.
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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bobby
court’s
judge

order
and

petition.
or

judge

Gibson,
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

Jr.,

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 Gibson 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

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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