Billy Boyd v. State of South Carolina, No. 12-6490 (4th Cir. 2013)

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This opinion or order relates to an opinion or order originally issued on August 16, 2012.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6490 BILLY ROY BOYD, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA, Respondent - Appellee. No. 12-6553 BILLY ROY BOYD, Petitioner - Appellant, v. BERNARD MCKIE, Warden of Kirkland Correctional Institution, Respondent Appellee, and ALAN WILSON, Respondent. Appeals from the United States District Court for the District of South Carolina, at Aiken. Terry L. Wooten, District Judge; Timothy M. Cain, District Judge. (1:11-cv-02981-TLW; 1:12-cv00201-TLW) Submitted: February 28, 2013 Before KING and Circuit Judge. AGEE, Decided: Circuit Judges, and March 12, 2013 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Billy Roy Boyd, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Billy Roy Boyd, a state prisoner, seeks to appeal the district court s orders accepting the recommendation of the magistrate judge and dismissing his motion and his 28 U.S.C. § 2254 (2006) petition without prejudice. appealable unless a circuit certificate of appealability. A certificate of justice The orders are not or judge issues a 28 U.S.C. § 2253(c)(1)(A) (2006). 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 prisoner reasonable assessment wrong. When the district court denies Slack satisfies jurists this would of the v. McDaniel, standard find constitutional 529 U.S. by that the claims 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 484-85. We have independently reviewed the record and conclude that Boyd has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeals. 3 We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 4