Reginald Davis v. Leroy Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion to proceed in forma pauperis denied. (FRAP 24) [999803256-2]. Certificate of appealability denied. Originating case number: 4:14-cv-04651-JMC Copies to all parties and the district court. [999915425]. Mailed to: Reginald T. Davis. [16-6502]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6502

REGINALD T. DAVIS,
Petitioner - Appellant,
v.
LEROY CARTLEDGE, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
J. Michelle Childs, District
Judge. (4:14-cv-04651-JMC)

Submitted:

August 18, 2016

Decided:

August 23, 2016

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Reginald T. Davis,
Assistant
Attorney
Assistant Attorney
Appellee.

Appellant
General,
General,

Pro Se.
James Anthony Mabry,
Donald
John
Zelenka,
Senior
Columbia, South Carolina, for

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Reginald

T.

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

(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
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
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presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

3