Timothy T. Kinard v. Joseph Battle
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cv-04391-BHH Copies to all parties and the district court/agency. [999969780]. Mailed to: Timothy T. Kinard ABBEVILLE COUNTY JAIL 59 Old Calhoun Falls Road Abbeville, SC 29620-0000. [16-6536]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6536
TIMOTHY T. KINARD,
Petitioner - Appellant,
v.
JOSEPH BATTLE,
Center,
Administrator,
Abbeville
County
Detention
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Bruce H. Hendricks, District
Judge. (5:14-cv-04391-BHH)
Submitted:
October 31, 2016
Decided:
November 17, 2016
Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Timothy T. Kinard,
Assistant
Attorney
Assistant Attorney
Appellee.
Appellant
General,
General,
Pro Se.
Alphonso Simon, Jr.,
Donald
John
Zelenka,
Senior
Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Timothy
T.
Kinard
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.
satisfies
jurists
would
of
the
v.
McDaniel,
Slack
this
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
Kinard 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
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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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