McFadden v. Warden of Kershaw Correctional Institution , 491 F. App'x 452 ( 2012 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-7432
    CHARLES ANDRAE GRAYTON,
    Petitioner - Appellant,
    v.
    WARDEN LIEBER CORRECTIONAL INSTITUTION,
    Respondent – Appellee,
    and
    DIRECTOR WILLIAM BYARS, Department of Corrections,
    Respondent.
    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.   Cameron McGowan Currie, District
    Judge. (8:11-cv-002576-CMC)
    Submitted:   December 20, 2012              Decided:   December 27, 2012
    Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Charles Andrae Grayton, Appellant Pro Se. James Anthony Mabry,
    Assistant Attorney General, Columbia, South Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Charles Andrae Grayton 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.            
    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 Grayton 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
    4
    

Document Info

Docket Number: 12-7432

Citation Numbers: 491 F. App'x 452

Judges: Shedd, Keenan, Wynn

Filed Date: 12/27/2012

Precedential Status: Non-Precedential

Modified Date: 11/6/2024