Jonothan Vick v. Warden, Broad River Corr Inst

Filing

UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability, denying motion to proceed in forma pauperis (FRAP 24) [999682210-2].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. [999761853]. Mailed to: Jonothan Christian Vick. [15-7451]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7451

JONOTHAN CHRISTIAN VICK,
Petitioner - Appellant,
v.
WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent - Appellee,
and
STATE OF SOUTH CAROLINA,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Richard Mark Gergel, District
Judge. (0:14-cv-03180-RMG)

Submitted:

February 23, 2016

Decided:

February 25, 2016

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jonothan
court’s

order

judge

and

petition.
or

Christian

judge

Vick

accepting

the

denying

relief

to

appeal

recommendation

on

his

28

of

U.S.C.

the
the
§

district
magistrate

2254

(2012)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2012).
issue

seeks

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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
Vick 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
2

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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3