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Buckner v. Warden, MacDougall Corr. Inst.

United States Court of Appeals, Fourth Circuit
Apr 4, 2023
No. 22-6798 (4th Cir. Apr. 4, 2023)

Opinion

22-6798

04-04-2023

BRUCE ALLEN BUCKNER, Petitioner - Appellant, v. WARDEN, MACDOUGALL CORRECTIONAL INSTITUTION, Respondent - Appellee.

Bruce Allen Buckner, Appellant Pro Se.


UNPUBLISHED

Submitted: February 28, 2023

Appeal from the United States District Court for the District of South Carolina, at Aiken. Terry L. Wooten, Senior District Judge. (1:21-cv-03714-TLW)

Bruce Allen Buckner, Appellant Pro Se.

Before HARRIS and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Bruce Allen Buckner seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 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). 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court's assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 580 U.S. 100, 115-17 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

We have independently reviewed the record and conclude that Buckner 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


Summaries of

Buckner v. Warden, MacDougall Corr. Inst.

United States Court of Appeals, Fourth Circuit
Apr 4, 2023
No. 22-6798 (4th Cir. Apr. 4, 2023)
Case details for

Buckner v. Warden, MacDougall Corr. Inst.

Case Details

Full title:BRUCE ALLEN BUCKNER, Petitioner - Appellant, v. WARDEN, MACDOUGALL…

Court:United States Court of Appeals, Fourth Circuit

Date published: Apr 4, 2023

Citations

No. 22-6798 (4th Cir. Apr. 4, 2023)