Casey Jenkins v. John Pate

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis [1000153364-2] Originating case number: 5:15-cv-02241-JMC. Copies to all parties and the district court/agency. [1000296892]. Mailed to: Casey Jenkins. [17-7022]

Appeal: 17-7022

Doc: 9

Filed: 05/18/2018

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-7022

CASEY JENKINS,
Petitioner - Appellant,
v.
JOHN R. PATE,
Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at
Orangeburg. J. Michelle Childs, District Judge. (5:15-cv-02241-JMC)

Submitted: February 28, 2018

Before KING, KEENAN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Casey Jenkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Decided: May 18, 2018

Appeal: 17-7022

Doc: 9

Filed: 05/18/2018

Pg: 2 of 2

PER CURIAM:
Casey Jenkins seeks to appeal the district court’s orders accepting the
recommendation of the magistrate judge and denying relief on Jenkins’ 28 U.S.C. § 2254
(2012) petition, and denying Jenkins’ subsequent Fed. R. Civ. P. 59(e) motion. The orders
are 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 Jenkins 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

2