Makandi Terry v. Director/Administrator

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:18-cv-00889-DCN. Copies to all parties and the district court/agency. [1000318893]. Mailed to: Makandi L. Terry DILLON COUNTY DETENTION CENTER 1027 Old Latta Highway Dillon, SC 29536-0000. [18-6495]

Appeal: 18-6495

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Filed: 06/26/2018

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 18-6495

MAKANDI L. TERRY,
Petitioner - Appellant,
v.
DIRECTOR/ADMINISTRATOR OF DILLON COUNTY DETENTION CENTER,
Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence.
David C. Norton, District Judge. (4:18-cv-00889-DCN)

Submitted: June 21, 2018

Decided: June 26, 2018

Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Makandi L. Terry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 18-6495

Doc: 5

Filed: 06/26/2018

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PER CURIAM:
Makandi L. Terry seeks to appeal the district court’s order 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. See 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 Terry has not made
the requisite showing. Accordingly, we 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.
DISMISSED

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