Jason Riley v. Leroy Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999581842-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999538932-2]. Originating case number: 8:14-cv-01655-RMG. Copies to all parties and the district court/agency. [999607585]. [15-6304]

Appeal: 15-6304

Doc: 9

Filed: 06/23/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6304

JASON O. RILEY, a/k/a Jason Orlando Riley,
Petitioner – Appellant,
v.
LEROY CARTLEDGE,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Anderson. Richard Mark Gergel, District Judge.
(8:14-cv-01655-RMG)

Submitted:

June 18, 2015

Decided:

June 23, 2015

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jason O. Riley, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6304

Doc: 9

Filed: 06/23/2015

Pg: 2 of 3

PER CURIAM:
Jason O. Riley 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 (2012) petition.

The order is not

appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

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 (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
Riley has not made the requisite showing.

Accordingly, we deny

Riley’s motion for a certificate of appealability and to appoint
counsel and dismiss the appeal.

We dispense with oral argument

because the facts and legal contentions are adequately presented

2

Appeal: 15-6304

Doc: 9

Filed: 06/23/2015

Pg: 3 of 3

in the materials before this court and argument would not aid the
decisional process.

DISMISSED

3