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UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 15-6796 Doc: 12 Filed: 11/19/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6796 ARTIE BURNS, Petitioner - Appellant, v. D. BUSH, Respondent - Appellee.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6796 Doc: 12 Filed: 11/19/2015 Pg: 2 of 3 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 2 Appeal: 15-6796 Doc: 12 adequately Filed: 11/19/2015 presented in the Pg: 3 of 3 materials before this court and argument would not aid the decisional process. DISMISSED 3

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