Tyrone Beaty v. Warden Leroy Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:15-cv-03707-RMG Copies to all parties and the district court/agency. [999929919]. Mailed to: Tyrone Beaty MCCORMICK CORRECTIONAL INSTITUTION 386 Redemption Way McCormick, SC 29899-0000. [16-6587]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6587

TYRONE BEATY,
Petitioner – Appellant,
v.
WARDEN LEROY CARTLEDGE,
Respondent – Appellee,
and
ALAN WILSON,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Florence. Richard M. Gergel, District Judge.
(4:15-cv-03707-RMG)

Submitted:

September 13, 2016

Decided:

September 15, 2016

Before TRAXLER, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyrone Beaty, Appellant Pro Se. William Edgar Salter, III,
Assistant
Attorney
General,
Donald
John
Zelenka,
Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tyrone Beaty seeks to appeal the district court’s order
adopting the magistrate judge’s report and recommendation and
dismissing his 28 U.S.C. § 2254 (2012) petition. *
not

appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

or

The order is

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2012).

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

prisoner

reasonable

assessment

wrong.

When the district court denies

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.

*

Because Beaty objected only to the magistrate judge’s
recommendation to dismiss his prosecutorial misconduct claim, he
has waived appellate review of the district court’s disposition
of his other claims.
Massey v. Ojanit, 759 F.3d 343, 352 (4th
Cir. 2014).

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We have independently reviewed the record and conclude that
Beaty has not made the requisite showing.
a

certificate

dispense

of

with

contentions

are

appealability

oral

argument

adequately

and

dismiss

because

presented

Accordingly, we deny

in

the
the

the

appeal.

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

DISMISSED

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