Henry Bradley v. Robert Stevenson, III

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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