William McKinnedy, III v. Cecilia Reynold, No. 10-7119 (4th Cir. 2011)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7119 WILLIAM CLAYTON MCKINNEDY, III, Petitioner - Appellant, v. CECILIA R. REYNOLDS, Respondent - Appellee. No. 10-7180 WILLIAM CLAYTON MCKINNEDY, III, Petitioner - Appellant, v. CECILIA R. REYNOLDS, Respondent - Appellee. Appeals from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:10-cv-01247-HMH) Submitted: January 18, 2011 Decided: January 26, 2011 Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. William Clayton McKinnedy, III, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: William Clayton McKinnedy, III, seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief without prejudice on his 28 U.S.C. § 2254 (2006) petition and the district court s order denying his Fed. R. Civ. P. 59(e) motion to alter or amend the judgment. The justice judge or orders are issues a U.S.C. § 2253(c)(1) (2006). not issue absent a constitutional right. not appealable certificate of unless a circuit appealability. 28 A certificate of appealability will substantial 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 McKinnedy has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeals. McKinnedy s motion for relief from retaliation is 3 denied. legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.