Terry Davis v. R.H. Mauney

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6487
TERRY D. DAVIS,
Petitioner - Appellant,
v.
R.H. MAUNEY, Warden, Livesay Correctional Institution,
Respondent – Appellee,
and
SOUTH CAROLINA, THE STATE OF,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Joseph F. Anderson, Jr., Senior District
Judge. (1:15-cv-00307-JFA)
Submitted: September 13, 2016 Decided: September 15, 2016
Before TRAXLER, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terry D. Davis, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terry D. Davis 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
Davis 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
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in the materials before this court and argument would not aid the
decisional process.
DISMISSED
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