Edward Mack v. Larry Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999603993-2] Originating case number: 5:13-cv-01021-MGL Copies to all parties and the district court/agency. [999629425]. Mailed to: Edward Mack. [15-6694]

Appeal: 15-6694

Doc: 8

Filed: 07/28/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6694

EDWARD MACK, a/k/a Edward D. Mack,
Petitioner - Appellant,
v.
LARRY CARTLEDGE, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Mary G. Lewis, District Judge.
(5:13-cv-01021-MGL)

Submitted:

July 23, 2015

Decided:

July 28, 2015

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Edward Mack, Appellant Pro Se.
William Edgar Salter, III,
Assistant Attorney General, Donald John Zelenka, Senior Assistant
Attorney General, Brendan McDonald, OFFICE OF THE ATTORNEY GENERAL
OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6694

Doc: 8

Filed: 07/28/2015

Pg: 2 of 3

PER CURIAM:
Edward Mack seeks to appeal the district court’s orders
accepting

the

recommendation

of

the

magistrate

judge

and

dismissing as untimely his 28 U.S.C. § 2254 (2012) petition and
denying

his

motion

for

reconsideration.

The

orders

are

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
Mack has not made the requisite showing.

Accordingly, we deny

Mack’s motion for a certificate of appealability and dismiss the
appeal. We dispense with oral argument because the facts and legal

2

Appeal: 15-6694

Doc: 8

Filed: 07/28/2015

Pg: 3 of 3

contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
DISMISSED

3