Damon Jackson v. Dennis Bush

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999550231-2] Originating case number: 1:13-cv-03380-MGL. Copies to all parties and the district court. [999657455]. Mailed to: Damon Jackson. [15-6279]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6279

DAMON LEMONT JACKSON,
Petitioner - Appellant,
v.
DENNIS BUSH, Warden of Lee Correctional Institution,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
Mary G. Lewis, District Judge.
(1:13-cv-03380-MGL)

Submitted:

July 31, 2015

Decided:

September 10, 2015

Before KEENAN, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Damon Lemont Jackson, 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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Damon Lemont Jackson seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 petition.
not

appealable

unless

a

circuit

certificate of appealability.
certificate

of

justice

or

The order is

judge

issues

28 U.S.C. § 2253(c)(1)(A).

appealability

will

not

issue

absent

a
A
“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2).
on

the

merits,

demonstrating
district

that

court’s

debatable

or

a

When the district court denies relief

prisoner
reasonable

assessment

wrong.

satisfies

Slack

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

U.S.

by

that

the

claims

is

473,

484

(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.

at 484-85.
We have independently reviewed the record and conclude that
Jackson has not made the requisite showing.

Accordingly, we

deny Jackson’s motion for a certificate of appealability and
dismiss the appeal.
facts

and

legal

We dispense with oral argument because the

contentions

are
2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.
DISMISSED

3