William Floyd v. Robert Stevenson, No. 11-6659 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6659 WILLIAM PATRICK FLOYD, Petitioner - Appellant, v. ROBERT STEVENSON, Warden Broad River, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (3:10-cv-00924-JFA) Submitted: October 18, 2011 Before KING and Circuit Judge. SHEDD, Circuit Decided: Judges, and October 25, 2011 HAMILTON, Senior Dismissed by unpublished per curiam opinion. William Patrick Floyd, 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 Unpublished opinions are not binding precedent in this circuit.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: William court s orders Patrick adopting Floyd the seeks to appeal recommendation of the the district magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition and denying his Fed. R. Civ. P. 59(e) motion to alter or amend. The orders are not appealable unless a circuit justice or judge issues a certificate § 2253(c)(1)(A) (2006). issue absent a constitutional of appealability. 28 U.S.C. A certificate of appealability will not substantial right. 28 showing U.S.C. of the denial § 2253(c)(2). of When a 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 Slack v. McDaniel, 529 U.S. 473, claims is debatable or wrong. 484 (2000); (2003). see Miller-El v. Cockrell, 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. and conclude Accordingly, that we Slack, We have independently reviewed the record Floyd deny has not the requisite motion Floyd s made for a appealability and dismiss the appeal. showing. certificate of We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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