Filed: Mar. 06, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7526 RUSSELL L. HOLLEY, Petitioner - Appellant, v. ANTHONY J. PADULA, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Cameron McGowan Currie, District Judge. (5:11-cv-01814-CMC) Submitted: January 29, 2013 Decided: March 6, 2013 Before KEENAN, DIAZ, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Russell L. Holley, Appel
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7526 RUSSELL L. HOLLEY, Petitioner - Appellant, v. ANTHONY J. PADULA, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Cameron McGowan Currie, District Judge. (5:11-cv-01814-CMC) Submitted: January 29, 2013 Decided: March 6, 2013 Before KEENAN, DIAZ, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Russell L. Holley, Appell..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7526
RUSSELL L. HOLLEY,
Petitioner - Appellant,
v.
ANTHONY J. PADULA, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Cameron McGowan Currie, District
Judge. (5:11-cv-01814-CMC)
Submitted: January 29, 2013 Decided: March 6, 2013
Before KEENAN, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Russell L. Holley, Appellant Pro Se. Donald John Zelenka,
Deputy Assistant Attorney General, Brendan McDonald, OFFICE OF
THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Russell L. Holley seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2006) 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)
(2006). 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) (2006). 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 Holley 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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