Billy Boyd v. State of South Carolina , 513 F. App'x 362 ( 2013 )


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  •                                 UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-6490
    BILLY ROY BOYD,
    Petitioner - Appellant,
    v.
    STATE OF SOUTH CAROLINA,
    Respondent - Appellee.
    No. 12-6553
    BILLY ROY BOYD,
    Petitioner - Appellant,
    v.
    BERNARD MCKIE, Warden of Kirkland Correctional Institution,
    Respondent – Appellee,
    and
    ALAN WILSON,
    Respondent.
    Appeals from the United States District Court for the District
    of South Carolina, at Aiken.  Terry L. Wooten, District Judge;
    Timothy M. Cain, District Judge.   (1:11-cv-02981-TLW; 1:12-cv-
    00201-TLW)
    Submitted:   February 28, 2013             Decided:    March 12, 2013
    Before KING and    AGEE,   Circuit   Judges,   and   HAMILTON,   Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Billy Roy Boyd, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Billy Roy Boyd, a state prisoner, seeks to appeal the
    district      court’s      orders     accepting       the   recommendation        of    the
    magistrate judge and dismissing his motion and his 
    28 U.S.C. § 2254
     (2006) petition without prejudice.                         The orders are not
    appealable      unless        a   circuit       justice      or     judge      issues     a
    certificate of appealability.               
    28 U.S.C. § 2253
    (c)(1)(A) (2006).
    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) (2006).                  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 Boyd has not made the requisite showing.                           Accordingly, we
    deny a certificate of appealability, deny leave to proceed in
    forma pauperis, and dismiss the appeals.                     We dispense with oral
    3
    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
    4
    

Document Info

Docket Number: 12-6490A

Citation Numbers: 513 F. App'x 362

Judges: Agee, Hamilton, King, Per Curiam

Filed Date: 3/12/2013

Precedential Status: Non-Precedential

Modified Date: 8/6/2023