Odouri Lytes v. Larry Cartledge
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for other relief [1000072150-2] Originating case number: 9:16-cv-02789-MGL Copies to all parties and the district court/agency. . Mailed to: Odouri L. Lytes BROAD RIVER CORRECTIONAL INSTITUTION 4460 Broad River Road Columbia, SC 29210-0000. [17-6342]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ODOURI L. LYTES,
Petitioner - Appellant,
LARRY CARTLEDGE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Beaufort. Mary G. Lewis, District Judge. (9:16-cv-02789-MGL)
Submitted: August 24, 2017
Decided: August 28, 2017
Before GREGORY, Chief Judge, and SHEDD and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Odouri L. Lytes, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General,
Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Odouri L. Lytes 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 of appealability.
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.” 28 U.S.C. § 2253(c)(2) (2012). 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
We have independently reviewed the record and conclude that Lytes has not made
the requisite showing. Accordingly, we deny Lytes’ motion for equitable tolling, deny 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 before
this court and argument would not aid the decisional process.
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