US v. Terrance Stewart
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 6:14-cr-00400-HMH-4, 6:16-cv-02989-HMH Copies to all parties and the district court/agency . Mailed to: Terrance Edward Stewart. [16-7445]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
TERRANCE EDWARD STEWART, a/k/a Cheddar,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:14-cr-00400-HMH-4; 6:16-cv-02989-HMH)
January 31, 2017
February 3, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terrance Edward Stewart, Appellant Pro Se.
Howard, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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The order is not appealable unless a circuit justice or
§ 2253(c)(1)(B) (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 motion 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
Stewart has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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