Paul Rice v. John Pate
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:14-cv-00185-MGL Copies to all parties and the district court/agency. [999729693]. Mailed to: Paul Rice. [15-6485]
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ON REHEARING
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6485
PAUL ANTHONY RICE, a/k/a Paul Rice,
Petitioner - Appellant,
v.
WARDEN JOHN PATE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Mary G. Lewis, District Judge.
(4:14-cv-00185-MGL)
Submitted:
December 30, 2015
Decided:
January 5, 2016
Before DUNCAN, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Paul Anthony Rice, Appellant Pro Se.
Donald John Zelenka,
Senior Assistant Attorney General, Melody Jane Brown, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Paul
Anthony
Rice
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
(2012).
of
appealability.
28
U.S.C.
§ 2253(c)(1)(A)
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).
relief
on
the
merits,
demonstrating
district
that
court’s
debatable
or
a
When the district court denies
prisoner
reasonable
assessment
wrong.
satisfies
jurists
would
of
the
v.
McDaniel,
Slack
this
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
Rice has not made the requisite showing.
Accordingly, we deny a
certificate of appealability, deny leave to proceed in forma
pauperis,
deny
Rice’s
motion
for
expense, and dismiss the appeal.
2
transcripts
at
government
We dispense with oral argument
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because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED
3
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