John Daniel Springer v. Dennis Bush
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999608052-2], denying Motion to proceed in forma pauperis (FRAP 24) [999603467-2], denying Motion to proceed in forma pauperis (FRAP 24) [999580234-2] Originating case number: 0:13-cv-03549-BHH Copies to all parties and the district court/agency. . Mailed to: Springer. [15-6682]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JOHN DANIEL SPRINGER,
Petitioner - Appellant,
DENNIS BUSH, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Bruce H. Hendricks, District
October 30, 2015
November 5, 2015
Before MOTZ, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Daniel Springer, 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Unpublished opinions are not binding precedent in this circuit.
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John Daniel Springer 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 and the
The orders are not appealable unless a circuit justice or judge
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Springer has not made the requisite showing.
deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.
We dispense with oral
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argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
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