Darrell Williams v. Anthony Padula

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6092
DARRELL WILLIAMS, f/k/a Alvin Glenn,
Petitioner – Appellant,
v.
ANTHONY J. PADULA, Warden, Lee Correction Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Cameron McGowan Currie, District
Judge. (8:10-cv-02688-CMC)
Submitted: June 28, 2011 Decided: July 19, 2011
Before SHEDD, DAVIS, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darrell J. Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darrell J. Williams seeks to appeal the district
court’s order denying relief on his motion to reconsider the
dismissal of 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 Williams 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
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before the court and argument would not aid the decisional
process.
DISMISSED
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