Shaheen Cabbagestalk v. J. McFadden
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cv-04690-RMG. Copies to all parties and the district court. . Mailed to: Appellant. [15-6181]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner – Appellant,
WARDEN J. MCFADDEN,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Richard Mark Gergel, District
May 19, 2015
Decided: May 22, 2015
Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Dismissed by unpublished per curiam opinion.
Shaheen Cabbagestalk, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Shaheen Cabbagestalk seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
The order is not appealable unless a circuit justice
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Cabbagestalk has not made the requisite showing.
we deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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