Filed: Oct. 13, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6328 TEDDIE LEE GRANT, Petitioner - Appellant, v. R.H. MAUNEY, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. J. Michelle Childs, District Judge. (5:15-cv-00269-JMC) Submitted: August 30, 2016 Decided: October 13, 2016 Before KEENAN, FLOYD, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Teddie Lee Grant, Appellant Pro S
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6328 TEDDIE LEE GRANT, Petitioner - Appellant, v. R.H. MAUNEY, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. J. Michelle Childs, District Judge. (5:15-cv-00269-JMC) Submitted: August 30, 2016 Decided: October 13, 2016 Before KEENAN, FLOYD, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Teddie Lee Grant, Appellant Pro Se..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6328
TEDDIE LEE GRANT,
Petitioner - Appellant,
v.
R.H. MAUNEY, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. J. Michelle Childs, District
Judge. (5:15-cv-00269-JMC)
Submitted: August 30, 2016 Decided: October 13, 2016
Before KEENAN, FLOYD, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Teddie Lee Grant, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, James Anthony Mabry, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Teddie Lee Grant 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
Grant has not made the requisite showing. Accordingly, we deny
a certificate of appealability, deny leave to proceed in forma
pauperis, and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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