Jonothan Vick v. Warden, Broad River Corr Inst
UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability, denying motion to proceed in forma pauperis (FRAP 24) [999682210-2]. Originating case number: 0:14-cv-03180-RMG. Copies to all parties and the district court. . Mailed to: Jonothan Christian Vick. [15-7451]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JONOTHAN CHRISTIAN VICK,
Petitioner - Appellant,
WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent - Appellee,
STATE OF SOUTH CAROLINA,
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Richard Mark Gergel, District
February 23, 2016
February 25, 2016
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
Jonothan Christian Vick, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, Melody Jane Brown, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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The order is not appealable unless a circuit justice
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Vick 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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