Tremon Doctor v. Robert Stevenson

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:14-cv-03774-MGL Copies to all parties and the district court/agency. [999748985]. Mailed to: T Doctor. [15-7303]

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Appeal: 15-7303 Doc: 5 Filed: 02/04/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7303 TREMON L. DOCTOR, Petitioner - Appellant, v. ROBERT STEVENSON, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Mary G. Lewis, District Judge. (2:14-cv-03774-MGL) Submitted: January 28, 2016 Before SHEDD and Circuit Judge. WYNN, Circuit Decided: Judges, and February 4, 2016 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Tremon L. Doctor, Appellant Pro Se. Caroline M. Scrantom, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Donald John Zelenka, Senior Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7303 Doc: 5 Filed: 02/04/2016 Pg: 2 of 3 PER CURIAM: Tremon L. Doctor 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). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find constitutional 529 U.S. by that the claims is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling 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 Doctor has not made the requisite showing. a certificate dispense with of appealability oral argument and dismiss because 2 Accordingly, we deny the the appeal. facts and We legal Appeal: 15-7303 Doc: 5 contentions Filed: 02/04/2016 are adequately 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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