Torrence v. Ozmint , 305 F. App'x 55 ( 2008 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-6522
    THOMAS J. TORRENCE,
    Petitioner - Appellant,
    v.
    JONATHAN OZMINT,     Director,   South   Carolina      Department   of
    Corrections,
    Respondent - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.    Sol Blatt, Jr., Senior District
    Judge. (3:05-cv-00893-SB)
    Submitted:    December 3, 2008              Decided:    December 11, 2008
    Before KING, SHEDD, and AGEE, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Thomas J. Torrence, Appellant Pro Se.     John William McIntosh,
    William   Edgar  Salter,   III,   Assistant  Attorneys    General,
    Columbia, South Carolina, Donald John Zelenka, Deputy Assistant
    Attorney General, Columbia, South Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Thomas        J.    Torrence           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 Torrence has
    not made the requisite showing.                        Accordingly, we deny Torrence’s
    motion     for    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: 08-6522

Citation Numbers: 305 F. App'x 55

Judges: King, Shedd, Agee

Filed Date: 12/11/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024