Elawyers Elawyers
Washington| Change

Willie Ritter v. Aaron Joyner, 19-7491 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 19-7491 Visitors: 22
Filed: Aug. 24, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7491 WILLIE RITTER, Petitioner - Appellant, v. AARON JOYNER, Warden of Lee Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Terry L. Wooten, Senior District Judge. (9:18-cv-01508-TLW) Submitted: June 29, 2020 Decided: August 24, 2020 Before GREGORY, Chief Judge, NIEMEYER, and RUSHING, Circuit Judges. Dismissed by unpublished per cu
More
                                     UNPUBLISHED

                        UNITED STATES COURT OF APPEALS
                            FOR THE FOURTH CIRCUIT


                                       No. 19-7491


WILLIE RITTER,

                     Petitioner - Appellant,

              v.

AARON JOYNER, Warden of Lee Correctional Institution,

                     Respondent - Appellee.



Appeal from the United States District Court for the District of South Carolina, at Beaufort.
Terry L. Wooten, Senior District Judge. (9:18-cv-01508-TLW)


Submitted: June 29, 2020                                          Decided: August 24, 2020


Before GREGORY, Chief Judge, NIEMEYER, and RUSHING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Elizabeth Anne Franklin-Best, ELIZABETH FRANKLIN-BEST, P.C., Columbia, South
Carolina, for Appellant.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Willie Ritter seeks to appeal the district court’s order accepting the recommendation

of the magistrate judge and denying relief on Ritter’s 28 U.S.C. § 2254 (2018) 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) (2018). 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) (2018). When the district court denies relief on the merits, a prisoner satisfies

this standard by demonstrating that reasonable jurists could find the district court’s

assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 
137 S. Ct. 759
, 773-74 (2017). 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. Gonzalez v.

Thaler, 
565 U.S. 134
, 140-41 (2012) (citing Slack v. McDaniel, 
529 U.S. 473
, 484 (2000)).

       We have independently reviewed the record and conclude that Ritter 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




                                              2


Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer