Marlon Rivera v. Scott Lewi
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [1000017778-2]; denying Motion to appoint/assign counsel [1000017776-2] Originating case number: 5:16-cv-00837-MGL Copies to all parties and the district court/agency. . Mailed to: Marlon Rivera TYGER RIVER CORRECTIONAL INSTITUTE 200 Prison Road Enoree, SC 29335-0000. [17-6066]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner - Appellant,
SCOTT LEWIS, Warden (PCI),
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Mary G. Lewis, District Judge.
February 23, 2017
February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Marlon Rivera, Appellant Pro Se. Alphonso Simon, Jr., Assistant
Attorney General, Donald John Zelenka, Senior Assistant Attorney
General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Marlon Rivera 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.
certificate of appealability.
The order is
28 U.S.C. § 2253(c)(1)(A) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(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.
We have independently reviewed the record and conclude that
Rivera has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal.
Rivera’s motions for appointment of counsel and for a transcript
at government expense.
We dispense with oral argument because
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the facts and legal contentions are adequately presented in the
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