Billy Tucker v. Warden, McCormick Correctional


UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 0:15-cv-04218-JMC. Copies to all parties and the district court/agency [1000032141]. Mailed to: Billy Shane Tucker. [16-7419]

Download PDF
Appeal: 16-7419 Doc: 8 Filed: 02/28/2017 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7419 BILLY SHANE TUCKER, Petitioner - Appellant, v. WARDEN, MCCORMICK CORRECTIONAL INSTITUTION, Respondent – Appellee, and LEROY CARTL, Respondent. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. J. Michelle Childs, District Judge. (0:15-cv-04218-JMC) Submitted: February 23, 2017 Decided: February 28, 2017 Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Billy Shane Tucker, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, James Anthony Mabry, Assistant Attorney General, Columbia, South Carolina, for Appellee. Appeal: 16-7419 Doc: 8 Filed: 02/28/2017 Pg: 2 of 4 Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 16-7419 Doc: 8 Filed: 02/28/2017 Pg: 3 of 4 PER CURIAM: Billy Shane Tucker seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on Tucker’s 28 U.S.C. § 2254 (2012) petition. not appealable unless a circuit certificate of appealability. justice or The order is judge issues a 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.” § 2253(c)(2) (2012). 28 U.S.C. 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 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 Tucker has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are 3 Appeal: 16-7419 Doc: 8 adequately Filed: 02/28/2017 presented in the Pg: 4 of 4 materials before this court and argument would not aid the decisional process. DISMISSED 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?