Darrell Williams v. Anthony Padula, No. 11-6092 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6092 DARRELL WILLIAMS, f/k/a Alvin Glenn, Petitioner Appellant, v. ANTHONY J. PADULA, Warden, Lee Correction Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. Cameron McGowan Currie, District Judge. (8:10-cv-02688-CMC) Submitted: June 28, 2011 Decided: July 19, 2011 Before SHEDD, DAVIS, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Darrell J. Williams, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darrell J. Williams seeks to appeal the district court s order denying relief on his motion to reconsider the dismissal of his 28 U.S.C. § 2254 (2006) petition. not appealable certificate (2006). of unless a circuit appealability. justice 28 See or The order is judge U.S.C. issues a § 2253(c)(1)(A) 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) (2006). relief on the demonstrating district debatable merits, that court s or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find that U.S. the claims constitutional 529 by is 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 the 484-85. conclude that We have Williams independently has not reviewed made the record requisite and 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 2 before the court and argument would not aid the decisional process. DISMISSED 3

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