Artie Burns v. D. Bush
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motions to proceed in forma pauperis (FRAP 24) [999628436-2], [999589709-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999589708-2]. Originating case number: 8:13-cv-03392-BHH. Copies to all parties and the district court. [999702226]. Mailed to: Artie Burns. [15-6796]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6796
ARTIE BURNS,
Petitioner - Appellant,
v.
D. BUSH,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Bruce H. Hendricks, District
Judge. (8:13-cv-03392-BHH)
Submitted:
November 17, 2015
Decided:
November 19, 2015
Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Artie Burns, 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Unpublished opinions are not binding precedent in this circuit.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:
Artie
Burns
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.
not
appealable
unless
a
circuit
certificate of appealability.
A
certificate
of
justice
or
The order is
judge
issues
a
28 U.S.C. § 2253(c)(1)(A) (2012).
appealability
will
not
issue
absent
“a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When
prisoner
the
district
court
satisfies
this
jurists
would
reasonable
denies
relief
standard
find
by
that
on
the
merits,
demonstrating
the
district
a
that
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).
denies
relief
demonstrate
both
on
procedural
that
the
When the district court
grounds,
dispositive
the
prisoner
procedural
ruling
must
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
Burns has not made the requisite showing.
Accordingly, we deny
his motion for 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
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adequately
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presented
in
the
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materials
before
this
court
and
argument would not aid the decisional process.
DISMISSED
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