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UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability, denying motion to proceed in forma pauperis (FRAP 24) [999682210-2].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

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Appeal: 15-7451 Doc: 9 Filed: 02/25/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7451 JONOTHAN CHRISTIAN VICK, Petitioner - Appellant, v. WARDEN, BROAD RIVER CORRECTIONAL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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7451 Doc: 9 Filed: 02/25/2016 Pg: 2 of 3 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 Appeal: 15-7451 Doc: 9 Filed: 02/25/2016 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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