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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Antonio Barnes BROAD RIVER CORRECTIONAL INSTITUTION 4460 Broad River Road Columbia, SC 29210-0000. [16-6123]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner – Appellant,
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.
October 31, 2016
November 4, 2016
Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
Antonio Barnes, Appellant Pro Se.
Alphonso Simon, Jr.,
Assistant Attorney General, Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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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.
certificate of appealability.
The order is
28 U.S.C. § 2253(c)(1)(A) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(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.
We have independently reviewed the record and conclude that
Barnes has not made the requisite showing.
Accordingly, we deny
motion to vacate sentence and for bail is denied.
with oral argument because the facts and legal contentions are
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argument would not aid the decisional process.
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