Tito Harris v. Warden Lieber Correctional

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-6211 TITO F. HARRIS, Petitioner - Appellant, v. WARDEN LIEBER CORRECTIONAL INSTITUTION, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Timothy M. Cain, District Judge. (4:20-cv-00906-TMC) Submitted: July 20, 2021 Decided: July 23, 2021 Before WILKINSON, AGEE, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Tito F. Harris, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tito F. Harris seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on Harris’ 28 U.S.C. § 2254 petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 137 S. Ct. 759, 773-74 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). Limiting our review to the issues raised in the informal brief, we conclude that Harris 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 2