Henry Bradley v. Robert Stevenson, III


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999967608-2]. A certificate of appealability is denied. Originating case number: 9:15-cv-02741-TLW. Copies to all parties and the district court/agency [1000100374]. Mailed to: Henry Lee Bradley. [16-7387]

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Appeal: 16-7387 Doc: 8 Filed: 06/14/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7387 HENRY LEE BRADLEY, a/k/a Henry L. Bradley, Petitioner – Appellant, v. ROBERT STEVENSON, III, Warden of Broad River, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Terry L. Wooten, Chief District Judge. (9:15-cv-02741-TLW) Submitted: February 17, 2017 Decided: June 14, 2017 Before GREGORY, Chief Judge, and TRAXLER and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Henry Lee Bradley, Assistant Attorney Assistant Attorney Appellee. Appellant Pro Se. James Anthony Mabry, General, Donald John Zelenka, Senior General, Columbia, South Carolina, for Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7387 Doc: 8 Filed: 06/14/2017 Pg: 2 of 3 PER CURIAM: Henry Lee Bradley 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 (2012). of appealability. 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). relief on the demonstrating district merits, that court’s debatable or a prisoner reasonable assessment wrong. When the district court denies Slack satisfies jurists this would of the v. McDaniel, standard find constitutional 529 U.S. by that the claims is 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. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Bradley 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 2 Appeal: 16-7387 Doc: 8 Filed: 06/14/2017 Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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