UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-7095

TRAVIS F. HIPP,

Petitioner - Appellant,

v.

MICHAEL STEPHAN,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Timothy M. Cain, District Judge. (5:17-cv-02297-TMC)

Submitted: February 26, 2019 Decided: March 1, 2019

Before KING, THACKER, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Glenn Yarborough, III, LAW OFFICE OF WILLIAM G. YARBOROUGH, III, Greenville, South Carolina, for Appellant.

Unpublished opinions are not binding precedent in this circuit.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

Travis F. Hipp seeks to appeal the district court’s order accepting the

recommendation of the magistrate judge and dismissing as untimely his

(2012) petition. The order is not appealable unless a circuit justice or judge issues a

certificate of appealability.

(c)(1)(A) (2012). A certificate of

appealability will not issue absent “a substantial showing of the denial of a constitutional

right.”

(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,

(2000); see Miller-El v. Cockrell,

(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,

.

We have independently reviewed the record and conclude that Hipp has not made

the requisite showing. Accordingly, we deny Hipp’s motion for 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

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