Juan Rodriguez v. Anthony Padula , 586 F. App'x 149 ( 2014 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-6891
    JUAN RODRIGUEZ,
    Petitioner - Appellant,
    v.
    ANTHONY PADULA,
    Respondent - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. R. Bryan Harwell, District Judge.
    (0:11-cv-01297-RBH)
    Submitted:   November 19, 2014              Decided:   December 8, 2014
    Before SHEDD, KEENAN, and WYNN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Jeremy A. Thompson, LAW OFFICE OF JEREMY A. THOMPSON, LLC,
    Columbia, South Carolina, for Appellant.    Donald John Zelenka,
    Senior Assistant Attorney General, Melody Jane Brown, Assistant
    Attorney General, Columbia, South Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Juan Rodriguez 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 484-85
    .
    We have independently reviewed the record and conclude
    that Rodriguez 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
    2
    contentions   are   adequately   presented   in   the   materials   before
    this Court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 14-6891

Citation Numbers: 586 F. App'x 149

Judges: Shedd, Keenan, Wynn

Filed Date: 12/8/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024