Ronald Skipper v. Joseph McFadden

Filing

UNPUBLISHED PER CURIAM OPINION filed -COA denied, denying Motion to proceed in forma pauperis (FRAP 24) [999760266-2]. Originating case number: 4:14-cv-04061-TLW Copies to all parties and the district court. [999807795]. Mailed to: Ronald DeRay Skipper. [16-6055]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6055

RONALD DE’RAY SKIPPER,
Petitioner – Appellant,
v.
JOSEPH MCFADDEN, Warden,
Respondent – Appellee,
and
STATE OF SOUTH CAROLINA,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, Chief District
Judge. (4:14-cv-04061-TLW)

Submitted:

April 18, 2016

Decided:

April 29, 2016

Before GREGORY, DUNCAN, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronald De’Ray Skipper, Appellant Pro Se. Alphonso Simon, Jr.,
Assistant
Attorney
General,
Donald
John
Zelenka,
Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ronald De’Ray Skipper 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

Slack

satisfies

jurists

this

would

of

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

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