Mills v. Warden Lieber Correctional Institution

U.S. Court of Appeals for the Fourth Circuit
Mills v. Warden Lieber Correctional Institution, 631 F. App'x 195 (4th Cir. 2016)

Mills v. Warden Lieber Correctional Institution

Opinion

PER CURIAM:

John L. Mills 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, 120 S.Ct: 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Mills 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 *196 materials before this court and argument would not aid the decisional process.

631 FEDERAL APPENDIX

DISMISSED,

Reference

Full Case Name
John L. MILLS, A/K/A John Lewis Mills, Petitioner-Appellant, v. WARDEN LIEBER CORRECTIONAL INSTITUTION, RespondentAppellee
Status
Unpublished