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United States Court of Appeals, Fourth Circuit.

TYRONE BEATY, Petitioner – Appellant, v. WARDEN LEROY CARTLEDGE, Respondent – Appellee, ALAN WILSON, Respondent.

No. 16-6587

Decided: September 15, 2016

Before TRAXLER, AGEE, and THACKER, Circuit Judges. Tyrone Beaty, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Senior Assistant Attorney General, Columbia, South Carolina, for Appellee.

Tyrone Beaty seeks to appeal the district court's order adopting the magistrate judge's report and recommendation and dismissing 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.” 28 U.S.C. § 2253(c)(2) (2012). 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 Beaty 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.



FOOTNOTE.   Because Beaty objected only to the magistrate judge's recommendation to dismiss his prosecutorial misconduct claim, he has waived appellate review of the district court's disposition of his other claims. Massey v. Ojanit, 759 F.3d 343, 352 (4th Cir. 2014).


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