Herman Belton v. Warden, Broad River Correction
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999911847-2] Originating case number: 6:15-cv-00262-JMC Copies to all parties and the district court/agency. . Mailed to: Herman Belton. [16-6936]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner - Appellant,
WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville.
J. Michelle Childs, District
January 31, 2017
February 2, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Herman Belton, Appellant Pro Se.
Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Herman Belton seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2254 (2012) petition.
order is not appealable unless a circuit justice or judge issues
a certificate of appealability.
See 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).
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
Belton has not made the requisite showing.
appealability and dismiss the appeal.
Accordingly, we deny
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.
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