Parker v. State of SC ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6640
JOHN THOMAS PARKER,
Petitioner - Appellant,
versus
STATE OF SOUTH CAROLINA; SOUTH CAROLINA
DEPARTMENT OF CORRECTIONS, William Douglas
Catoe, Director,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. G. Ross Anderson, Jr., District
Judge. (CA-99-1470-2-13AJ)
Submitted: November 30, 2000 Decided: December 27, 2000
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tara Dawn Shurling, Columbia, South Carolina, for Appellant. Donald
John Zelenka, Chief Deputy Attorney General, Columbia, South Caro-
lina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Thomas Parker appeals the district court’s order granting
the Respondents’ motion for summary judgment and dismissing his
petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000).
We have reviewed the record and the district court’s opinion
accepting the recommendation of the magistrate judge and find no
reversible error. We uphold the district court’s determination
that Parker has not demonstrated that his trial would have had a
different outcome absent any alleged errors by counsel. See
Strickland v. Washington, 466 U.S. 668, 694 (1984). 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