Marcus Antwon Greene v. Willie Eagleton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to compel [999853461-2] Originating case number: 4:15-cv-02043-DCN Copies to all parties and the district court/agency. [999864739]. Mailed to: Marcus Antwon Greene EVANS CORRECTIONAL INSTITUTION 610 Highway 9 West Bennettsville, SC 29512-5202. [16-6212]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6212

MARCUS ANTWON GREENE,
Petitioner - Appellant,
v.
WILLIE EAGLETON,
Institution,

as

the

Warden

of

Evans

Correctional

Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
David C. Norton, District Judge.
(4:15-cv-02043-DCN)

Submitted:

June 21, 2016

Decided:

June 23, 2016

Before DUNCAN, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marcus Antwon Greene, Appellant Pro Se.
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Unpublished opinions are not binding precedent in this circuit.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:
Marcus Antwon Greene 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

When the district court denies

prisoner

reasonable

assessment

wrong.

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
Greene has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny Greene’s motion to compel,
and dismiss the appeal.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the
2

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.

DISMISSED

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