Lance Lyles v. Cecelia Reynold
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999948805-2] Originating case number: 6:15-cv-04229-RMG Copies to all parties and the district court/agency. . Mailed to: Lance Lyles. [16-7334]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner - Appellant,
WARDEN CECELIA REYNOLDS,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Greenville. Richard M. Gergel, District Judge. (6:15-cv-04229-RMG)
Submitted: March 22, 2017
Decided: April 6, 2017
Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Lance Lyles, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General,
Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Lance Lyles seeks to appeal the district court’s order accepting in part 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. See 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) (2012). 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 MillerEl 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.
We have independently reviewed the record and conclude that Lyles has not made
the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to
proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
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