Donovan Henderson v. Joseph McFadden
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 9:14-cv-00511-TMC Copies to all parties and the district court/agency. . Mailed to: Donovan Henderson. [15-6234]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner – Appellant,
JOSEPH MCFADDEN, Warden, Lieber Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Timothy M. Cain, District Judge.
June 29, 2015
July 15, 2015
Before GREGORY and HARRIS, Circuit Judges, and DAVIS, Senior
Dismissed by unpublished per curiam opinion.
Donovan Henderson, Appellant
Assistant Attorney General,
Pro Se. James Anthony Mabry,
Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2012) petition.
order is not appealable unless a circuit justice or judge issues
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).
When the district court denies
(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.
We have independently reviewed the record and conclude that
Henderson has not made the requisite showing.
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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