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Makandi Terry v. Director/Administrator, 18-6495 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 18-6495 Visitors: 125
Filed: Jun. 26, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6495 MAKANDI L. TERRY, Petitioner - Appellant, v. DIRECTOR/ADMINISTRATOR OF DILLON COUNTY DETENTION CENTER, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. David C. Norton, District Judge. (4:18-cv-00889-DCN) Submitted: June 21, 2018 Decided: June 26, 2018 Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per
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                                     UNPUBLISHED

                        UNITED STATES COURT OF APPEALS
                            FOR THE FOURTH CIRCUIT


                                       No. 18-6495


MAKANDI L. TERRY,

                     Petitioner - Appellant,

              v.

DIRECTOR/ADMINISTRATOR OF DILLON COUNTY DETENTION CENTER,

                     Respondent - Appellee.


Appeal from the United States District Court for the District of South Carolina, at Florence.
David C. Norton, District Judge. (4:18-cv-00889-DCN)


Submitted: June 21, 2018                                           Decided: June 26, 2018


Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.


Dismissed by unpublished per curiam opinion.


Makandi L. Terry, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Makandi L. Terry seeks to appeal the district court’s order denying relief on his 28

U.S.C. § 2254 (2012) 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) (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 Terry 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

Source:  CourtListener

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