David Rhodes, Sr. v. Warden Beckwith

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999555267-2], updating certificate of appealability status Originating case number: 0:14-cv-00428-MGL Copies to all parties and the district court/agency. [999590648]. Mailed to: David Rhodes, Sr. [15-6323]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6323

DAVID ELIJAH RHODES, SR.,
Petitioner - Appellant,
v.
WARDEN BECKWITH,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Mary G. Lewis, District Judge.
(0:14-cv-00428-MGL)

Submitted:

May 21, 2015

Decided:

May 27, 2015

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Elijah Rhodes, Sr., Appellant Pro Se.
Kaycie Smith
Timmons, Assistant Attorney General, Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David
court’s
judge

order
and

petition.
or

Elijah

judge

Rhodes,

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

Sr.,

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
Rhodes has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny leave to proceed in forma
pauperis,

and

dismiss

the

appeal.

We

dispense

with

oral

argument because the facts and legal contentions are adequately
2

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

DISMISSED

3