Adrian Allen v. Joseph McFadden
Filing
UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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