Antonio Barnes v. Cecila Reynold

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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
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adequately

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presented

in

the

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materials

before

this

court

and

argument would not aid the decisional process.
DISMISSED

3