Mims v. McLeod ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6665
J. C. MIMS,
Petitioner - Appellant,
versus
PHILLIP E. MCLEOD, Warden of Perry
Correctional Institution; CHARLES CONDON,
Attorney General of the State of South
Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Margaret B. Seymour, District Judge.
(CA-02-1606-4-24)
Submitted: November 19, 2003 Decided: December 3, 2003
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
J. C. Mims, Appellant Pro Se. Derrick K. McFarland, OFFICE OF THE
ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
J.C. Mims 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 (2000) petition. We have independently
reviewed the record and conclude that Mims has not made a
substantial showing of the denial of a constitutional right. See
Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Accordingly, we
deny a certificate of appealability and dismiss the appeal. See 28
U.S.C. § 2253(c) (2000). 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
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