Stanley Wise v. John Pate

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:14-cv-04625-JMC Copies to all parties and the district court/agency. [999804118]. Mailed to: appellant. [15-7921]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7921

STANLEY WISE,
Petitioner – Appellant,
v.
WARDEN JOHN R. PATE,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
J. Michelle Childs, District
Judge. (4:14-cv-04625-JMC)

Submitted:

April 21, 2016

Decided:

April 26, 2016

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Stanley Wise, Appellant Pro Se. Alphonso Simon, Jr., 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Unpublished opinions are not binding precedent in this circuit.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:
Stanley Wise 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.
not

appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

or

The order is

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2012).

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

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

Slack

this

the

v.

McDaniel,

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
Wise has not made the requisite showing.

Accordingly, we deny a

certificate of appealability and dismiss the appeal.
We

dispense

contentions

with
are

oral

argument

adequately

because

presented
2

in

the

facts

and

the

materials

legal
before

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

DISMISSED

3