Rishawn Reeder v. Warden Reynolds

U.S. Court of Appeals for the Fourth Circuit

Rishawn Reeder v. Warden Reynolds

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6319

RISHAWN LAMAR REEDER,

Petitioner - Appellant,

v.

WARDEN REYNOLDS,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Margaret B. Seymour, Senior District Judge. (9:17-cv-00830-MBS)

Submitted: August 16, 2018 Decided: August 21, 2018

Before WYNN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Rishawn Reeder, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Rishawn Reeder 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 Reeder 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

2

Reference

Status
Unpublished