Keonakamerah Postell v. McKither Bodison, 442 F. App'x 833 (4th Cir. 2011). · Go Syfert
Keonakamerah Postell v. McKither Bodison, 442 F. App'x 833 (4th Cir. 2011). Cases Citing This Book View Copy Cite
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Keonakamerah POSTELL, A/K/A Keo Postell, A/K/A Keonakramer Natavious Postell, Petitioner-Appellant,
v.
McKither BODISON, Warden of Lieber Correctional Institution, Respondent-Appellee
11-6032.
Court of Appeals for the Fourth Circuit.
Aug 11, 2011.
Unpublished opinion
442 F. App'x 833
Keonakamerah Postell, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Alphonso Simon, Jr., Assistant Attorney General, Columbia, South Carolina, for Appellee.
Wilkinson, Gregory, Diaz.
Cited by 1 opinion  |  Unpublished

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Keonakamerah Postell 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

[*834] (2006) petition. The order is not appeal-able unless a circuit justice or judge issues a certifícate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2006). A certificate of ap-pealability 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Postell 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 the court and argument would not aid the decisional process.

DISMISSED.