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  • Rafael Placencia v. Joseph McFadden, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Rafael Escalante Placencia's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court independently reviewed the record and determined that Placencia failed to make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Accordingly, the court denied the certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2015-01-27 Precedential Status: Non-Precedential Docket: 14-7006

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    The United States Court of Appeals for the Fourth Circuit dismissed Rafael Escalante Placencia's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court independently reviewed the record and determined that Placencia failed to make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Accordingly, the court denied the certificate of appealability and dismissed the appeal without oral argument.

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    Public Domain
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    10 views3 pages

    Rafael Placencia v. Joseph McFadden, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Rafael Escalante Placencia's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court independently reviewed the record and determined that Placencia failed to make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Accordingly, the court denied the certificate of appealability and dismissed the appeal without oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7006

    RAFAEL ESCALANTE PLACENCIA, a/k/a Rafael Mendoza Escalante,


    Petitioner - Appellant,
    v.
    JOSEPH MCFADDEN, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Orangeburg. David C. Norton, District Judge.
    (5:13-cv-01795-DCN)

    Submitted:

    January 22, 2015

    Decided:

    January 27, 2015

    Before SHEDD, KEENAN, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Rafael Escalante Placencia, Appellant Pro Se.


    Donald John
    Zelenka, Senior Assistant Attorney General, William Edgar
    Salter,
    III,
    Assistant
    Attorney
    General,
    Columbia,
    South
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Rafael
    district

    Escalante

    courts

    order

    Placencia

    accepting

    seeks

    the

    to

    appeal

    recommendation

    the

    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.


    U.S.C. 2253(c)(1)(A) (2012).

    See 28

    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

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    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).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    must

    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 Placencia 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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