Andrew Mack v. Warden Trenton CI
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999948628-2]; denying Motion for transcript at government expense [999948628-3] Originating case number: 4:16-cv-00838-HMH Copies to all parties and the district court/agency. . Mailed to: A Mack. [16-7307]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ANDREW JAMMIE MACK,
Petitioner - Appellant,
WARDEN TRENTON CORRECTIONAL INSTITUTION,
Respondent - Appellee,
STATE OF SOUTH CAROLINA,
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Henry M. Herlong, Jr., Senior
District Judge. (4:16-cv-00838-HMH)
February 22, 2017
March 8, 2017
Before MOTZ, KING, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Andrew Jammie Mack, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Andrew Jammie Mack seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing as untimely his 28 U.S.C. § 2254 (2012) petition.
The order is not appealable unless a circuit justice or judge
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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
Mack has not made the requisite showing.
Accordingly, we deny
the motion to appoint counsel and for a transcript at government
expense, deny a certificate of appealability, and dismiss the
We dispense with oral argument because the facts and
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