Terry Davis v. R.H. Mauney


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999840098-2] Originating case number: 1:15-cv-00307-JFA Copies to all parties and the district court/agency. [999929932]. Mailed to: Terry Davis. [16-6487]

Download PDF
Appeal: 16-6487 Doc: 11 Filed: 09/15/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6487 TERRY D. DAVIS, Petitioner - Appellant, v. R.H. MAUNEY, Warden, Livesay Correctional Institution, Respondent – Appellee, and SOUTH CAROLINA, THE STATE OF, Respondent. Appeal from the United States District Court for the District of South Carolina, at Aiken. Joseph F. Anderson, Jr., Senior District Judge. (1:15-cv-00307-JFA) Submitted: September 13, 2016 Decided: September 15, 2016 Before TRAXLER, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Terry D. Davis, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6487 Doc: 11 Filed: 09/15/2016 Pg: 2 of 3 PER CURIAM: Terry D. Davis 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.” (2012). 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. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Davis 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 presented 2 Appeal: 16-6487 Doc: 11 Filed: 09/15/2016 Pg: 3 of 3 in the 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?