Ward v. McLeod
Opinion
Phillip Ward 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). An appeal may not be taken from the final order in a habeas corpus proceeding 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 for claims addressed by a district court on the merits absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). We have reviewed the record and conclude for the reasons stated by the district court that Ward has not satisfied either standard. See Ward v. McLeod, No. CA-01-12-BC (D.S.C. filed Apr. 18, 2002; entered Apr. 19, 2002). 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.
Reference
- Full Case Name
- Philip WARD, Petitioner-Appellant, v. Phillip E. McLEOD, Warden; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellees
- Status
- Unpublished