Filed: Nov. 10, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6248 KEITH ALAN CLARK, Petitioner – Appellant, v. LARRY CARTLEDGE, Warden Perry Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Bruce H. Hendricks, District Judge. (0:13-cv-00351-BHH) Submitted: November 2, 2016 Decided: November 10, 2016 Before GREGORY, Chief Judge, and NIEMEYER and HARRIS, Circuit Judges. Dismissed by unpublish
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6248 KEITH ALAN CLARK, Petitioner – Appellant, v. LARRY CARTLEDGE, Warden Perry Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Bruce H. Hendricks, District Judge. (0:13-cv-00351-BHH) Submitted: November 2, 2016 Decided: November 10, 2016 Before GREGORY, Chief Judge, and NIEMEYER and HARRIS, Circuit Judges. Dismissed by unpublishe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6248
KEITH ALAN CLARK,
Petitioner – Appellant,
v.
LARRY CARTLEDGE, Warden Perry Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Bruce H. Hendricks, District
Judge. (0:13-cv-00351-BHH)
Submitted: November 2, 2016 Decided: November 10, 2016
Before GREGORY, Chief Judge, and NIEMEYER and HARRIS, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Stephen L. Braga, Joseph DaSilva, Harrison Marino, UNIVERSITY OF
VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for
Appellant. Susannah Rawl Cole, OFFICE OF THE ATTORNEY GENERAL OF
SOUTH CAROLINA, Donald John Zelenka, Senior Assistant Attorney
General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Keith Alan Clark seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C. § 2255 (2012) motion. The order is not
appealable unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (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 motion 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
Clark 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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