Adrian Allen v. Joseph McFadden


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999634269-2], denying certificate of appealability. Originating case number: 9:14-cv-01547-BHH. Copies to all parties and the district court/agency. [999712201]. Mailed to: Adrian Allen. [15-6885]

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Appeal: 15-6885 Doc: 10 Filed: 12/04/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6885 ADRIAN A. ALLEN, Petitioner – Appellant, v. JOSEPH MCFADDEN, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Bruce H. Hendricks, District Judge. (9:14-cv-01547-BHH) Submitted: November 23, 2015 Decided: December 4, 2015 Before MOTZ, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Adrian A. Allen, Appellant Assistant Attorney General, Assistant Attorney General, Appellee. Pro Se. James Anthony Mabry, Donald John Zelenka, Senior Columbia, South Carolina, for Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6885 Doc: 10 Filed: 12/04/2015 Pg: 2 of 3 PER CURIAM: Adrian A. Allen seeks to appeal the district court’s order accepting the recommendation of the magistrate judge, granting defendant’s motion for summary judgment, and dismissing his 28 U.S.C. § 2254 (2012) petition. unless a circuit appealability. justice or The order is not appealable judge issues a 28 U.S.C. § 2253(c)(1)(A) (2012). certificate of 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 jurists would reasonable standard find by that demonstrating the district 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 on both 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 Allen has not made the requisite showing. Accordingly, we deny 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 adequately 2 Appeal: 15-6885 Doc: 10 Filed: 12/04/2015 Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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