Harold Watts v. Warden, Broad River

U.S. Court of Appeals for the Fourth Circuit

Harold Watts v. Warden, Broad River

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6373

HAROLD WATTS,

Petitioner - Appellant,

v.

WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Bruce H. Hendricks, District Judge. (2:16-cv-02954-BHH)

Submitted: August 28, 2018 Decided: October 5, 2018

Before MOTZ, AGEE, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Harold Watts, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Harold Watts 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 Watts 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Unpublished