Filed: May 25, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7925 IKEEF BRAILSFORD, Petitioner - Appellant, v. WARDEN WILLIE EAGLETON, Evans CI, Respondent – Appellee, and ALAN WILSON, Attorney General of SC, Respondent. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., Senior District Judge. (6:15-cv-01800-GRA) Submitted: April 19, 2016 Decided: May 25, 2016 Before AGEE, KEENAN, and HARRIS, Circuit Judges. Dismisse
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7925 IKEEF BRAILSFORD, Petitioner - Appellant, v. WARDEN WILLIE EAGLETON, Evans CI, Respondent – Appellee, and ALAN WILSON, Attorney General of SC, Respondent. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., Senior District Judge. (6:15-cv-01800-GRA) Submitted: April 19, 2016 Decided: May 25, 2016 Before AGEE, KEENAN, and HARRIS, Circuit Judges. Dismissed..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7925
IKEEF BRAILSFORD,
Petitioner - Appellant,
v.
WARDEN WILLIE EAGLETON, Evans CI,
Respondent – Appellee,
and
ALAN WILSON, Attorney General of SC,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., Senior
District Judge. (6:15-cv-01800-GRA)
Submitted: April 19, 2016 Decided: May 25, 2016
Before AGEE, KEENAN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ikeef Brailsford, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Alphonso Simon, Jr., Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ikeef Brailsford seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and
dismissing as untimely 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
Brailsford 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
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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