Phillip Byrd v. Joseph McFadden
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999797396-2] Originating case number: 0:14-cv-04864-RBH Copies to all parties and the district court/agency. . Mailed to: Phillip Byrd. [16-6555]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner - Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. R. Bryan Harwell, District Judge.
March 20, 2017
March 29, 2017
Dismissed by unpublished per curiam opinion.
Phillip Byrd, Appellant Pro Se.
Donald John Zelenka, Senior
Assistant Attorney General, William Edgar Salter, III, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Phillip Byrd 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.
certificate of appealability.
The order is
28 U.S.C. § 2253(c)(1)(A) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(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.
We have independently reviewed the record and conclude that
Byrd has not made the requisite showing.
Accordingly, we deny
Byrd’s motion for a certificate of appealability and dismiss the
We dispense with oral argument because the facts and
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