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Person v. Rawski

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 23, 2017
No. 17-6462 (4th Cir. Jun. 23, 2017)

Opinion

No. 17-6462

06-23-2017

ANDREA PERSON, Petitioner - Appellant, v. ANGELIA RAWSKI, Warden, Respondent - Appellee.

Alexis Kaylor Lindsay, Thornwell Forrest Sowell, III, SOWELL, GRAY, STEPP & LAFFITTE, LLC, Columbia, South Carolina, for Appellant. Donald John Zelenka, Deputy Attorney General, Columbia, South Carolina, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Florence. Richard Mark Gergel, District Judge. (4:15-cv-04606-RMG) Before SHEDD, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Alexis Kaylor Lindsay, Thornwell Forrest Sowell, III, SOWELL, GRAY, STEPP & LAFFITTE, LLC, Columbia, South Carolina, for Appellant. Donald John Zelenka, Deputy Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Andrea Person seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on her 28 U.S.C. § 2254 (2012) petition and the court's order denying her motion filed under Fed. R. Civ. P. 59(e). The orders are 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 Person has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the 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


Summaries of

Person v. Rawski

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 23, 2017
No. 17-6462 (4th Cir. Jun. 23, 2017)
Case details for

Person v. Rawski

Case Details

Full title:ANDREA PERSON, Petitioner - Appellant, v. ANGELIA RAWSKI, Warden…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 23, 2017

Citations

No. 17-6462 (4th Cir. Jun. 23, 2017)