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Monroe v. Lewis

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Oct 17, 2019
No. 19-6442 (4th Cir. Oct. 17, 2019)

Opinion

No. 19-6442

10-17-2019

JOSHUA ANDREW MONROE, Petitioner - Appellant, v. WARDEN SCOTT LEWIS, Perry Correctional Institution, Respondent - Appellee.

Joshua Andrew Monroe, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, Chief District Judge. (6:18-cv-00561-RBH) Before GREGORY, Chief Judge, and THACKER and RUSHING, Circuit Judges. Dismissed by unpublished per curiam opinion. Joshua Andrew Monroe, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Joshua Andrew Monroe 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 Monroe 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

Monroe v. Lewis

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Oct 17, 2019
No. 19-6442 (4th Cir. Oct. 17, 2019)
Case details for

Monroe v. Lewis

Case Details

Full title:JOSHUA ANDREW MONROE, Petitioner - Appellant, v. WARDEN SCOTT LEWIS, Perry…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Oct 17, 2019

Citations

No. 19-6442 (4th Cir. Oct. 17, 2019)

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