191943P.pdf   07/08/2022  Zachariah  Marcyniuk  v.  Dexter Payne
   U.S. Court of Appeals Case No:  19-1943
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Shepherd, Author, with Loken and Stras, Circuit Judges] 
   Prisoner case - Habeas. Death Penalty Matter. The parties do not dispute 
   that Marcyniuk procedurally defaulted on his jury selection claims and the 
   district court correctly determined that he did not demonstrate cause to 
   excuse the procedural default of the claims; the district court did not 
   abuse its discretion in denying his request for discovery and an 
   evidentiary hearing on cause and prejudice; the court agrees with the 
   district court that Marcyniuk has failed to show that his trial counsel's 
   agreement to and failure to object to the pretrial jury selection process 
   prejudiced him or rendered his trial fundamentally unfair; because 
   Marcyniuk failed to show that his ineffective assistance of trial counsel 
   claim was substantial, the court affirms the district court finding that 
   his procedural default of the claim is not excused under Martinez v. Ryan, 
   566 U.S. 1 (2012); Marcyniuk was not entitled to discovery or a hearing on 
   his ineffective assistance of counsel claim because he failed to show that 
   the requirements of 18 U.S.C. Sec. 2254(e)(2) do not apply to him or that 
   he can satisfy the statute's requirements; the district court did not err 
   in determining state court employees did not interfere with Marcyniuk's 
   appeal and post-conviction proceedings.