Stacy W. Pringle v. Joseph McFadden
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999983968-2] Originating case number: 5:15-cv-01571-JFA Copies to all parties and the district court/agency. [1000054351]. Mailed to: Stacy W. Pringle LIEBER CORRECTIONAL INSTITUTION P. O. Box 205 Ridgeville, SC 29472-0000. [16-7456]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7456
STACY W. PRINGLE,
Petitioner - Appellant,
v.
JOSEPH MCFADDEN, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Joseph F. Anderson, Jr., Senior
District Judge. (5:15-cv-01571-JFA)
Submitted:
March 24, 2017
Decided:
April 3, 2017
Before DUNCAN and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Stacy W. Pringle, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, James Anthony Mabry, Assistant
Attorney General, Columbia, South Columbia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Stacy W. Pringle 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.
not
appealable
unless
a
circuit
certificate of appealability.
A
certificate
of
justice
or
The order is
judge
issues
a
28 U.S.C. § 2253(c)(1)(A) (2012).
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
Pringle has not made the requisite showing.
Accordingly, we
deny the motion for a certificate of appealability and dismiss
the appeal.
We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
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argument
would
not
aid
the
decisional
process.
DISMISSED
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