Eugene King v. Robert Stevenson, III, No. 13-7044 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7044 EUGENE KING, Petitioner - Appellant, v. ROBERT M. STEVENSON, III, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (0:12-cv-00949-CMC) Submitted: November 15, 2013 Decided: November 20, 2013 Before WILKINSON, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Eugene King, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eugene King 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. not appealable unless a circuit certificate of appealability. A certificate of justice or The order is judge issues a 28 U.S.C. § 2253(c)(1)(A) (2012). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). 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 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 484-85. We have independently reviewed the record and conclude that King has not made the requisite showing. deny a certificate of appealability, deny Accordingly, we the appointment of counsel, and dismiss the appeal. motion for We dispense with oral argument because the facts and legal contentions are 2 adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3