Filed: Mar. 06, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7557 COURTNEY LYLES, Petitioner – Appellant, v. ROBERT BOLLINGER, Interim Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Cameron McGowan Currie, Senior District Judge. (9:12-cv-01667-CMC) Submitted: February 27, 2014 Decided: March 6, 2014 Before DUNCAN and FLOYD, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7557 COURTNEY LYLES, Petitioner – Appellant, v. ROBERT BOLLINGER, Interim Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Cameron McGowan Currie, Senior District Judge. (9:12-cv-01667-CMC) Submitted: February 27, 2014 Decided: March 6, 2014 Before DUNCAN and FLOYD, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7557
COURTNEY LYLES,
Petitioner – Appellant,
v.
ROBERT BOLLINGER, Interim Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Cameron McGowan Currie, Senior
District Judge. (9:12-cv-01667-CMC)
Submitted: February 27, 2014 Decided: March 6, 2014
Before DUNCAN and FLOYD, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Courtney Lyles, Appellant Pro Se. Brendan McDonald, 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Unpublished opinions are not binding precedent in this circuit.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:
Courtney Lyles 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 Lyles has not made the requisite showing. Accordingly, we
deny a certificate of appealability and dismiss the appeal. We
deny the motions for appointment of counsel and for a federal
hearing and dispense with oral argument because the facts and
2
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
DISMISSED
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