Leon Grayson v. A J Padula, No. 10-6347 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6347 LEON EUGENE GRAYSON, Petitioner - Appellant, v. A.J. PADULA, Warden of Lee Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Henry M. Herlong, Jr., Senior District Judge. (4:09-cv-00089-HMH) Submitted: February 10, 2011 Decided: February 17, 2011 Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Leon Eugene Grayson, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Leon court s judge order and petition. or judge Eugene accepting denying the relief seeks to appeal recommendation on his 28 of U.S.C. the the § district magistrate 2254 (2006) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1) (2006). issue Grayson absent a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. of showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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. 529 U.S. at 484-85. Slack, We have independently reviewed the record and conclude that Grayson has not made the requisite showing. * * We find that Grayson has waived appellate review of his ineffective assistance of counsel claims by failing to file specific objections to the magistrate judge s recommendation as to those issues after receiving proper notice of the consequences of failure to object. See United States v. (Continued) 2 Accordingly, we deny a certificate of appealability and dismiss the appeal. and dismiss Government s We deny Grayson s motions to vacate his judgment his sentence, expense, Government s expense. and for copies for all of Brady transcripts at the materials at the We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED Midgette, 478 F.3d 616, 621 (4th Cir. 2007) ( [A] party . . . waives a right to appellate review of particular issues by failing to file timely objections specifically directed to those issues. ). 3
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