Lewis Addis, Jr. v. Warden of Allendale

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-01109-MGL Copies to all parties and the district court/agency. [999915332]. Mailed to: appellant. [16-6419]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6419

LEWIS WILLIAM ADDIS, JR.,
Petitioner - Appellant,
v.
WARDEN OF ALLENDALE CORRECTIONAL INSTITUTION,
Respondent – Appellee,
and
STATE OF SOUTH CAROLINA,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
Mary G. Lewis, District Judge.
(1:15-cv-01109-MGL)

Submitted:

August 18, 2016

Decided:

August 23, 2016

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lewis William Addis, Jr., Appellant Pro Se.
William Edgar
Salter, III, Assistant Attorney General, 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Unpublished opinions are not binding precedent in this circuit.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:
Lewis

William

Addis,

Jr.,

seeks

to

appeal

the

district

court’s orders accepting the recommendation of the magistrate
judge

and

denying

relief

on

his

28

U.S.C.

§

2254

(2012)

petition, and denying Addis’ Fed. R. Civ. P. 59(e) motion to
alter or amend judgment.

The orders are 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.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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
Addis has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because
2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3