Bynum Rayfield v. Willie Eagleton, 4th Cir. (2015)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 15-6393

BYNUM RAYFIELD,
Petitioner - Appellant,
v.
WILLIE L. EAGLETON, Warden,
Respondent Appellee,
and
ALAN WILSON, South Carolina Attorney General,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Timothy M. Cain, District Judge.
(8:13-cv-03391-TMC)

Submitted:

June 18, 2015

Decided:

June 23, 2015

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bynum Rayfield, Appellant Pro Se.


Donald John Zelenka, Senior
Assistant Attorney General, Melody Jane Brown, Assistant Attorney
General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Bynum Rayfield seeks to appeal the district courts 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.
(2012).

28 U.S.C. 2253(c)(2)

When the district court denies relief on the merits, a

prisoner satisfies this standard by demonstrating that reasonable


jurists would find that the district courts 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
Rayfield has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny leave to proceed in forma


pauperis, 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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