Ronnie Lee Cash v. Warden Joseph McFadden

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000085569-2], denying Motion to proceed in forma pauperis (FRAP 24) [1000077766-2] Originating case number: 0:16-cv-00716-MGL Copies to all parties and the district court/agency. [1000145747]. Mailed to: Ronnie Lee Cash LIEBER CORRECTIONAL INSTITUTION P. O. Box 205 Ridgeville, SC 29472-0000. [17-6477]

Appeal: 17-6477

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Filed: 08/29/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6477

RONNIE LEE CASH,
Petitioner - Appellant,
v.
WARDEN JOSEPH MCFADDEN,
Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Mary G. Lewis, District Judge. (0:16-cv-00716-MGL)

Submitted: August 24, 2017

Decided: August 29, 2017

Before GREGORY, Chief Judge, and SHEDD and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronnie Lee Cash, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General,
William Edgar Salter, III, Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-6477

Doc: 10

Filed: 08/29/2017

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PER CURIAM:
Ronnie Lee Cash seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing as untimely 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
484-85.
We have independently reviewed the record and conclude that Cash has not made
the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to
proceed in forma pauperis, 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.

DISMISSED

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