-
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7367 HEYWARD EUGENE JOHNSON, Petitioner - Appellant, versus PHILLIP MCLEOD, Warden of Perry Correctional Institution; CHARLES M. CONDON, Attorney General of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Terry L. Wooten, District Judge. (CA-01-4017) Submitted: November 7, 2002 Decided: December 4, 2002 Before MOTZ, TRAXLER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Heyward Eugene Johnson, Appellant Pro Se. William Edgar Salter, III, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Heyward Eugene Johnson seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his petition filed under
28 U.S.C. § 2254(2000). We have reviewed the record and conclude on the reasoning of the district court that Johnson has not made a substantial showing of the denial of a constitutional right. See Johnson v. McLeod, No. CA-01-4017 (D.S.C. filed Aug. 29, 2002; entered Aug. 30, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See
28 U.S.C. § 2253(c) (2000). 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: 02-7367
Citation Numbers: 51 F. App'x 474
Judges: Motz, Traxler, Gregory
Filed Date: 12/4/2002
Precedential Status: Non-Precedential
Modified Date: 11/6/2024