Fashaw v. Ozmint , 357 F. App'x 531 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7559
    MARCUS FASHAW,
    Petitioner – Appellant,
    v.
    JON OZMINT, SCDC; STATE OF SOUTH CAROLINA; MCKITHER BODISON,
    Warden of Lieber Correctional Institution,
    Respondents – Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.    Patrick Michael Duffy, District
    Judge. (3:08-cv-01766-PMD)
    Submitted:    December 15, 2009             Decided:   December 21, 2009
    Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Marcus Fashaw, Appellant Pro Se. Donald John Zelenka, Deputy
    Assistant Attorney General, Columbia, South Carolina, for
    Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Marcus          Fashaw    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
     (2006) petition.                                    The
    order is not appealable unless a circuit justice or judge issues
    a certificate of appealability.                       
    28 U.S.C. § 2253
    (c)(1) (2006).
    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)         (2006).            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    Fashaw        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: 09-7559

Citation Numbers: 357 F. App'x 531

Judges: Michael, Duncan, Hamilton

Filed Date: 12/21/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024