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Young v. Warden of Evans Corr. Inst.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 26, 2018
No. 18-6296 (4th Cir. Jul. 26, 2018)

Opinion

No. 18-6296

07-26-2018

DERRICK ANTRON YOUNG, Petitioner - Appellant, v. WARDEN OF EVANS CORRECTIONAL INSTITUTION, Respondent - Appellee, and STATE OF SOUTH CAROLINA, Respondent.

Derrick Antron Young, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:16-cv-02849-TMC) Before MOTZ, TRAXLER, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Derrick Antron Young, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Derrick Antron Young seeks to appeal the district court's order adopting the recommendation of the magistrate judge and dismissing 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 Young 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

Young v. Warden of Evans Corr. Inst.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 26, 2018
No. 18-6296 (4th Cir. Jul. 26, 2018)
Case details for

Young v. Warden of Evans Corr. Inst.

Case Details

Full title:DERRICK ANTRON YOUNG, Petitioner - Appellant, v. WARDEN OF EVANS…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jul 26, 2018

Citations

No. 18-6296 (4th Cir. Jul. 26, 2018)