Geneva Hames v. Warden Leath Correctional Inst

U.S. Court of Appeals for the Fourth Circuit

Geneva Hames v. Warden Leath Correctional Inst

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6697

GENEVA ELAINE HAMES,

Petitioner - Appellant,

v.

WARDEN LEATH CORRECTIONAL INSTITUTION,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. Cameron McGowan Currie, Senior District Judge. (4:18-cv-01026-CMC)

Submitted: October 2, 2018 Decided: October 11, 2018

Before KING and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Geneva Elaine Hames, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Geneva Elaine Hames seeks to appeal the district court’s order adopting the

recommendation of the magistrate judge and dismissing as successive and unauthorized

her

28 U.S.C. § 2254

(2012) 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) (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 Hames 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Unpublished