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Williams v. Padula

United States Court of Appeals, Fourth Circuit
Jul 19, 2011
439 F. App'x 269 (4th Cir. 2011)

Opinion

No. 11-6092.

Submitted: June 28, 2011.

Decided: July 19, 2011.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Cameron McGowan Currie, District Judge (8:10-cv-02688-CMC).

Before SHEDD, DAVIS, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darrell J. Williams, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.


Darrell J. Williams seeks to appeal the district court's order denying relief on his motion to reconsider the dismissal of his 28 U.S.C. § 2254 (2006) 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) (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 Williams 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 the court and argument would not aid the decisional process.

DISMISSED


Summaries of

Williams v. Padula

United States Court of Appeals, Fourth Circuit
Jul 19, 2011
439 F. App'x 269 (4th Cir. 2011)
Case details for

Williams v. Padula

Case Details

Full title:DARRELL WILLIAMS, f/k/a Alvin Glenn, Petitioner-Appellant, v. ANTHONY J…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 19, 2011

Citations

439 F. App'x 269 (4th Cir. 2011)