Marcus Martin v. Leroy Cartledge
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999789272-2] Originating case number: 1:14-cv-04278-BHH Copies to all parties and the district court/agency. [999902455]. Mailed to: Marcus Martin. [16-6367]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6367
MARCUS MARTIN,
Petitioner - Appellant,
v.
LEROY CARTLEDGE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Aiken.
Bruce H. Hendricks, District Judge.
(1:14-cv-04278-BHH)
Submitted:
July 28, 2016
Before MOTZ and
Circuit Judge.
HARRIS,
Decided:
Circuit
Judges,
and
August 2, 2016
DAVIS,
Senior
Dismissed by unpublished per curiam opinion.
Marcus Martin, 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Unpublished opinions are not binding precedent in this circuit.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 Martin 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
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
Martin has not made the requisite showing.
Accordingly, we deny
a certificate of appealability, deny leave to proceed in forma
pauperis,
and
dismiss
the
appeal.
We
dispense
with
oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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