Sylvester Boone v. Benard Mackie
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying motion to proceed in forma pauperis (FRAP 24) [999823642-2] Originating case number: 0:15-cv-01503-MGL Copies to all parties and the district court/agency. [999929858]. Mailed to: appellant. [16-6508]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6508
SYLVESTER ANTERRIO BOONE,
Petitioner - Appellant,
v.
WARDEN BENARD MACKIE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Mary G. Lewis, District Judge.
(0:15-cv-01503-MGL)
Submitted:
September 13, 2016
Decided:
September 15, 2016
Before TRAXLER, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sylvester Anterrio Boone,
Zelenka, Senior Assistant
Carolina, for Appellee.
Appellant Pro Se.
Donald John
Attorney General, Columbia, South
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Sylvester
court’s
judge
order
and
petition.
or
judge
Anterrio
accepting
denying
the
relief
seeks
to
appeal
recommendation
on
his
28
of
U.S.C.
the
the
§
district
magistrate
2254
(2012)
The order is not appealable unless a circuit justice
issues
a
certificate
§ 2253(c)(1)(A) (2012).
issue
Boone
absent
“a
appealability.
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
of
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2012).
of
a
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
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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
Boone 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
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