Brian Sturgeon v. Warden
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-cv-04784-HMH. Copies to all parties and the district court/agency. . Mailed to: Brian Sturgeon. [16-7178]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
BRIAN W. STURGEON,
Petitioner - Appellant,
WARDEN, Perry Corr. Inst.,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Henry M. Herlong, Jr., Senior
District Judge. (5:15-cv-04784-HMH)
December 15, 2016
December 20, 2016
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Brian W. Sturgeon, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Sherrie Ann Butterbaugh, OFFICE OF THE
ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Brian W. Sturgeon 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
of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). 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)
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 (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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Sturgeon has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
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argument would not aid the decisional process.
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