Anthony Mann v. Warden Cecelia Reynolds
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:15-cv-00163-RMG Copies to all parties and the district court/agency. . Mailed to: Anthony L. Mann LEE CORRECTIONAL INSTITUTION 990 Wisacky Highway Bishopville, SC 29010-2021. [16-6311]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ANTHONY L. MANN,
Petitioner – Appellant,
WARDEN CECELIA REYNOLDS,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Richard M. Gergel, District Judge.
November 29, 2016
February 28, 2017
Before TRAXLER and KING, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Elizabeth Anne Franklin-Best, BLUME, NORRIS & FRANKLIN-BEST, LLC,
Columbia, South Carolina, for Appellant.
Donald John Zelenka,
Senior Assistant Attorney General, Caroline M. Scrantom, OFFICE OF
THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,
Unpublished opinions are not binding precedent in this circuit.
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Anthony L. Mann 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
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.”
28 U.S.C. § 2253(c)(2)
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Mann has not made the requisite showing.
Accordingly, we deny a
certificate of appealability and dismiss the appeal.
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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