Filed: Mar. 26, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7519 MCKENZIE COREY SHELTON, Petitioner - Appellant, v. LEROY CARTLEDGE, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:12-cv-03193-RBH) Submitted: March 21, 2014 Decided: March 26, 2014 Before KING, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. McKenzie Corey Shelton, Appellan
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7519 MCKENZIE COREY SHELTON, Petitioner - Appellant, v. LEROY CARTLEDGE, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:12-cv-03193-RBH) Submitted: March 21, 2014 Decided: March 26, 2014 Before KING, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. McKenzie Corey Shelton, Appellant..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7519
MCKENZIE COREY SHELTON,
Petitioner - Appellant,
v.
LEROY CARTLEDGE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:12-cv-03193-RBH)
Submitted: March 21, 2014 Decided: March 26, 2014
Before KING, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
McKenzie Corey Shelton, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
McKenzie Corey Shelton 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 (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 Shelton has not made the requisite showing. Accordingly,
we deny Shelton’s motions for copies and a transcript at
government expense, deny a certificate of appealability, and
dismiss the appeal. We dispense with oral argument because the
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facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
DISMISSED
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