Donte Capers v. Leroy Cartledge
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:15-cv-03267-HMH Copies to all parties and the district court/agency. . Mailed to: appellant. [16-7262]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DONTE LAQUAWN CAPERS,
Petitioner – Appellant,
WARDEN LEROY CARTLEDGE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Henry M. Herlong, Jr., Senior
District Judge. (4:15-cv-03267-HMH)
February 28, 2017
March 8, 2017
Before WILKINSON, MOTZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donte Laquawn Capers, Appellant Pro Se. William Edgar Salter,
III, Assistant Attorney General, Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Donte Laquawn Capers 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.
order is not appealable unless a circuit justice or judge issues
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
Capers has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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