Louis Gainey, Jr. v. Warden Leroy Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-cv-03253-BHH Copies to all parties and the district court/agency. [1000027805]. Mailed to: Louis Gainey Jr. MCCORMICK CORRECTIONAL INSTITUTION 386 Redemption Way McCormick, SC 29899-0000. [16-7491]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7491

LOUIS GAINEY, JR.,
Petitioner – Appellant,
v.
WARDEN LEROY CARTLEDGE,
Respondent – Appellee,
and
ATTORNEY GENERAL ALAN WILSON,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Bruce H. Hendricks, District
Judge. (5:15-cv-03253-BHH)

Submitted:

February 16, 2017

Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.

Decided:

DUNCAN,

February 22, 2017

Circuit

Judge,

and

Dismissed by unpublished per curiam opinion.

Louis Gainey, Jr., Appellant Pro Se. Susannah Rawl Cole, OFFICE
OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Donald John Zelenka,
Senior Assistant Attorney General, Columbia, South Carolina, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Louis Gainey, Jr., 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

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

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
Gainey has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

3

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

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