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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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