Charles McCormick v. Warden McFadden

Filing

UNPUBLISHED PER CURIAM OPINION filed,Motion to proceed in forma pauperis denied (FRAP 24) [999682151-2]. Originating case number: 0:14-cv-03176-RBH Copies to all parties and the district court. [999826120]. Mailed to: Charles W. McCormick. [15-7496]

Download PDF
Appeal: 15-7496 Doc: 10 Filed: 05/18/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7496 CHARLES W. MCCORMICK, Petitioner - Appellant, v. WARDEN MCFADDEN, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. R. Bryan Harwell, District Judge. (0:14-cv-03176-RBH) Submitted: February 29, 2016 Before WILKINSON and Senior Circuit Judge. HARRIS, Decided: Circuit Judges, May 18, 2016 and HAMILTON, Dismissed by unpublished per curiam opinion. Charles W. McCormick, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Senior Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7496 Doc: 10 Filed: 05/18/2016 Pg: 2 of 3 PER CURIAM: Charles W. McCormick 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. The order is not appealable unless a circuit justice or judge issues a certificate (2012). of appealability. 28 U.S.C. § 2253(c)(1)(A) A certificate of 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 prisoner reasonable assessment wrong. When the district court denies 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 McCormick has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny McCormick’s motion for leave to proceed in forma pauperis, and dismiss the appeal. dispense with oral argument because 2 the facts and We legal Appeal: 15-7496 Doc: 10 contentions are Filed: 05/18/2016 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?