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UNPUBLISHED PER CURIAM OPINION filed,Motion to proceed in forma pauperis denied (FRAP 24) [999682151-2].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]
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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
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contentions
are
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adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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