Billy Tedder v. Anthony Padula , 457 F. App'x 222 ( 2011 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-6681
    BILLY JOE TEDDER,
    Petitioner - Appellant,
    v.
    ANTHONY PADULA, Warden, Lee Correctional Institution,
    Respondent - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.     Margaret B. Seymour, District
    Judge. (8:10-cv-01415-MBS)
    Submitted:   November 22, 2011             Decided:   December 8, 2011
    Before WILKINSON, AGEE, and WYNN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Billy Joe Tedder, Appellant Pro Se. Donald John Zelenka, Deputy
    Assistant Attorney General, Columbia, South Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Billy Joe Tedder 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 (2006) 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)
    (2006).     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) (2006).                  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 Tedder has not made the requisite showing.                     Accordingly, we
    deny a certificate of appealability and dismiss the appeal.                         We
    deny as moot the pending motions for appointment of counsel and
    to strike.       We dispense with oral argument because the facts and
    2
    legal    contentions   are   adequately   presented    in   the    materials
    before   the   court   and   argument   would   not   aid   the   decisional
    process.
    DISMISSED
    3
    

Document Info

Docket Number: 11-6681

Citation Numbers: 457 F. App'x 222

Judges: Wilkinson, Agee, Wynn

Filed Date: 12/8/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024