Antonio Barnes v. Cecila Reynold


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999774609-2]; denying Motion to vacate [999774609-3] Originating case number: 5:15-cv-00022-DCN Copies to all parties and the district court/agency. [999962626]. Mailed to: Antonio Barnes BROAD RIVER CORRECTIONAL INSTITUTION 4460 Broad River Road Columbia, SC 29210-0000. [16-6123]

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Appeal: 16-6123 Doc: 13 Filed: 11/04/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6123 ANTONIO BARNES, Petitioner – Appellant, v. CECILA REYNOLDS, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. David C. Norton, District Judge. (5:15-cv-00022-DCN) Submitted: October 31, 2016 Decided: November 4, 2016 Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Antonio Barnes, 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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6123 Doc: 13 Filed: 11/04/2016 Pg: 2 of 3 PER CURIAM: Antonio Barnes 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 prisoner reasonable assessment wrong. When the district court denies Slack satisfies jurists this would of the v. McDaniel, standard find U.S. that the claims constitutional 529 by 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 Barnes has not made the requisite showing. a certificate of appealability and Accordingly, we deny dismiss the motion to vacate sentence and for bail is denied. appeal. The We dispense with oral argument because the facts and legal contentions are 2 Appeal: 16-6123 Doc: 13 adequately Filed: 11/04/2016 presented in the Pg: 3 of 3 materials before this court and argument would not aid the decisional process. DISMISSED 3

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