Luke Traylor v. Michael McCall, No. 11-6255 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6255 LUKE TRAYLOR, Petitioner Appellant, v. MICHAEL MCCALL, Perry Correctional Institution, Respondent Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. R. Bryan Harwell, District Judge. (0:09-cv-00048-RBH) Submitted: June 22, 2011 Decided: July 14, 2011 Before NIEMEYER, KEENAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Luke Traylor, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Luke Traylor seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate (2006). of appealability. 28 U.S.C. § 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 merits, that court s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find that is 473, U.S. the claims constitutional 529 by 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 We that have independently Traylor has not reviewed made the record requisite and showing. Accordingly, we deny a certificate of appealability, deny leave to proceed dispense in with forma pauperis, oral argument and dismiss because 2 the the appeal. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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