Joshua Monroe v. Warden Lewis ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6442
JOSHUA ANDREW MONROE,
Petitioner - Appellant,
v.
WARDEN SCOTT LEWIS, Perry Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Greenville. R. Bryan Harwell, Chief District Judge. (6:18-cv-00561-RBH)
Submitted: October 15, 2019 Decided: October 17, 2019
Before GREGORY, Chief Judge, and THACKER and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Joshua Andrew Monroe, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joshua Andrew Monroe 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 Monroe 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
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