Jeffrey Grimes v. Joseph McFadden
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999757399-2], updating certificate of appealability status Originating case number: 0:15-cv-02131-BHH Copies to all parties and the district court/agency. [999871732]. Mailed to: Jeffrey Grimes. [16-6155]
Appeal: 16-6155
Doc: 13
Filed: 06/28/2016
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6155
JEFFREY NIKO GRIMES,
Petitioner - Appellant,
v.
JOSEPH MCFADDEN, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Bruce H. Hendricks, District Judge.
(0:15-cv-02131-BHH)
Submitted:
June 23, 2016
Decided:
June 28, 2016
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeffrey Niko Grimes, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Caroline M. Scrantom, OFFICE OF THE
ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-6155
Doc: 13
Filed: 06/28/2016
Pg: 2 of 3
PER CURIAM:
Jeffrey Niko Grimes seeks to appeal the district court’s order
and judgment 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 of appealability.
28 U.S.C. § 2253(c)(1)(A) (2012).
A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).
28 U.S.C.
When the district court denies relief on the
merits, a prisoner satisfies this standard by demonstrating that
reasonable jurists would find that the district court’s assessment
of the constitutional claims is debatable or wrong.
Slack v.
McDaniel, 529 U.S. 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
Grimes has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
2
Appeal: 16-6155
Doc: 13
adequately
Filed: 06/28/2016
presented
in
the
Pg: 3 of 3
materials
before
this
court
and
argument would not aid the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?