Filed: Oct. 03, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6741 DWIGHT SULLIVAN, a/k/a Dwight F. Sullivan, a/k/a Dwight Fitzgerald Sullivan, Petitioner – Appellant, v. LEROY CARTLEDGE, Warden of McCormick & Perry Correctional Institutions, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. Timothy M. Cain, District Judge. (8:13-cv-00876-TMC) Submitted: September 23, 2014 Decided: October 3, 2014 Before NIEMEYER and M
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6741 DWIGHT SULLIVAN, a/k/a Dwight F. Sullivan, a/k/a Dwight Fitzgerald Sullivan, Petitioner – Appellant, v. LEROY CARTLEDGE, Warden of McCormick & Perry Correctional Institutions, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. Timothy M. Cain, District Judge. (8:13-cv-00876-TMC) Submitted: September 23, 2014 Decided: October 3, 2014 Before NIEMEYER and MO..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6741
DWIGHT SULLIVAN, a/k/a Dwight F. Sullivan, a/k/a Dwight
Fitzgerald Sullivan,
Petitioner – Appellant,
v.
LEROY CARTLEDGE, Warden of McCormick & Perry Correctional
Institutions,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Timothy M. Cain, District Judge.
(8:13-cv-00876-TMC)
Submitted: September 23, 2014 Decided: October 3, 2014
Before NIEMEYER and MOTZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Dwight Sullivan, Appellant Pro Se. William Edgar Salter, III,
Assistant Attorney General, Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dwight Fitzgerald Sullivan seeks to appeal the
district court’s orders accepting the recommendation of the
magistrate judge and denying relief on his 28 U.S.C. § 2254
(2012) petition, and denying his motion to reconsider. The
orders are 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 Sullivan 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
2
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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