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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Adrian Allen. [15-6885]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ADRIAN A. ALLEN,
Petitioner – Appellant,
JOSEPH MCFADDEN, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Bruce H. Hendricks, District
November 23, 2015
December 4, 2015
Before MOTZ, AGEE, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Adrian A. Allen, Appellant
Assistant Attorney General,
Pro Se. James Anthony Mabry,
Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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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.
The order is not appealable
28 U.S.C. § 2253(c)(1)(A) (2012).
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
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
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
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.
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