Powers v. Rushton ( 2000 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 00-6847
    ROGER GENE POWERS,
    Petitioner - Appellant,
    versus
    COLIE L. RUSHTON, Warden; CHARLES M. 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 Columbia. Margaret B. Seymour, District Judge.
    (CA-99-3128-3-24BC)
    Submitted:   November 30, 2000         Decided:     December 27, 2000
    Before WIDENER, NIEMEYER, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Roger Gene Powers, Appellant Pro Se. Jeffrey Alan Jacobs, OFFICE
    OF THE ATTORNEY GENERAL, Columbia, South Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Roger Gene Powers seeks to appeal the district court’s order
    denying relief on 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 and find no reversible error. Accordingly, we deny
    a certificate of appealability and dismiss the appeal on the rea-
    soning of the district court.   See Powers v. Rushton, No. CA-99-
    3128-3-24BC (D.S.C. May 31, 2000).     We further deny Appellee’s
    motion to dismiss the appeal* and Powers’ motion to stay pending
    request for a certificate of appealability.   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
    *
    In the absence of a separate motion for certificate of ap-
    pealability, Powers’ notice of appeal is construed as a motion for
    a certificate of appealability in this court.     Fed. R. App. P.
    22(b).
    2
    

Document Info

Docket Number: 00-6847

Filed Date: 12/27/2000

Precedential Status: Non-Precedential

Modified Date: 10/30/2014