Martin v. Reynolds , 304 F. App'x 176 ( 2008 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-7503
    HENRY W. MARTIN, JR.,
    Petitioner - Appellant,
    v.
    CECILIA REYNOLDS,
    Respondent - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Henry M. Herlong, Jr., District
    Judge. (6:07-cv-02689-HMH)
    Submitted:    December 16, 2008             Decided:   December 23, 2008
    Before WILKINSON, MICHAEL, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Henry W. Martin, Jr., Appellant Pro Se.     Donald John Zelenka,
    Deputy Assistant Attorney General, Columbia, South Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Henry     W.     Martin,        Jr.    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.        The order is not appealable unless a circuit justice
    or    judge     issues      a    certificate          of   appealability.            
    28 U.S.C. § 2253
    (c)(1) (2000).               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)         (2000).         A
    prisoner        satisfies          this        standard         by    demonstrating             that
    reasonable       jurists         would     find        that     any    assessment          of     the
    constitutional         claims      by     the    district        court    is      debatable        or
    wrong and that any dispositive procedural ruling by the district
    court is likewise debatable.                     Miller-El v. Cockrell, 
    537 U.S. 322
    , 336-38 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000);
    Rose v. Lee, 
    252 F.3d 676
    , 683-84 (4th Cir. 2001).                                        We have
    independently reviewed the record and conclude that Martin 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
    2
    

Document Info

Docket Number: 08-7503

Citation Numbers: 304 F. App'x 176

Judges: Wilkinson, Michael, King

Filed Date: 12/23/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024