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Cox v. McCabe

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
May 30, 2012
473 F. App'x 274 (4th Cir. 2012)

Opinion

No. 12-6134

05-30-2012

PAUL LESLIE COX, Petitioner - Appellant, v. WAYNE C. MCCABE, Warden of Lieber Correctional Institution, Respondent - Appellee, and JON E. OZMINT, Defendant.

Paul Leslie Cox, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Columbia. Timothy M. Cain, District Judge. (3:11-cv-03113-TMC)

Before MOTZ and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Paul Leslie Cox, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Paul Leslie Cox seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing as untimely 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 Cox has not made the requisite showing. Accordingly, we deny Cox's motion for appointment of counsel, 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 the court and argument would not aid the decisional process.

DISMISSED


Summaries of

Cox v. McCabe

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
May 30, 2012
473 F. App'x 274 (4th Cir. 2012)
Case details for

Cox v. McCabe

Case Details

Full title:PAUL LESLIE COX, Petitioner - Appellant, v. WAYNE C. MCCABE, Warden of…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: May 30, 2012

Citations

473 F. App'x 274 (4th Cir. 2012)

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See Cox v. McCabe ["Cox I"], C/A No. 3:11-3113-TMC-JRM, 2012 WL 77017, at *2-3 (D.S.C. Jan. 10, 2012); see…

Cox v. Dir. of SC Dept of Corr.

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