Randolph Ashford v. Michael Stephan, No. 19-6518 (4th Cir. 2019)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6518 RANDOLPH ASHFORD, Petitioner - Appellant, v. MICHAEL STEPHAN, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Joseph F. Anderson, Jr., Senior District Judge. (0:18-cv-01262-JFA) Submitted: October 23, 2019 Decided: October 25, 2019 Before WYNN and THACKER, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Randolph Ashford, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Randolph Ashford 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 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). 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) (2012). 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 (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 Ashford has not made the requisite showing. Accordingly, we deny Ashford’s motion for a certificate of appealability and dismiss the appeal. We also deny Ashford’s motions for single-judge consideration, to appoint counsel, and to hold his case in abeyance. Finally, we deny as moot Ashford’s motion for release pending appeal. 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 2
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