Robert Koon v. Colie Rushton, No. 14-7022 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7022 ROBERT HOLLAND KOON, Petitioner - Appellant, v. COLIE RUSHTON, Warden of McCormick Correctional Institution; HENRY DARGAN MCMASTER, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. R. Bryan Harwell, District Judge. (8:05-cv-02523-RBH) Submitted: October 16, 2014 Decided: October 22, 2014 Before MOTZ, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Holland Koon, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Senior Assistant Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Holland Koon seeks to appeal the district court s text orders denying his motions for recusal, motion for appointment of counsel, motion to seal, motion for relief from judgment, and supplemental orders are not issues certificate a appealable § 2253(c)(1)(A) (2012). issue absent a motion unless of a reopen circuit judgment. justice appealability. See or 28 The judge U.S.C. A certificate of appealability will not substantial constitutional right. to showing of the denial 28 U.S.C. § 2253(c)(2) (2012). of a When 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 claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 Cockrell, (2000); (2003). see Miller-El v. 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. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Koon has not made the requisite showing. Accordingly, we deny his motion for a certificate of appealability and dismiss the appeal. We deny Koon s motion for appointment of counsel, 2 motion for notice. legal before recusal, and motion to remand or take judicial We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 3

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