Stokes v. Rushton

U.S. Court of Appeals for the Fourth Circuit
Stokes v. Rushton, 80 F. App'x 811 (4th Cir. 2003)

Stokes v. Rushton

Opinion

PER CURIAM.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

Richard W. Stokes seeks to appeal the district court’s order accepting the magistrate judge’s recommendation to dismiss his 28 U.S.C. § 2254 (2000) petition. An appeal 'may not be taken from the final order in a § 2254 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 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 his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1040, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Stokes has not made the requisite showing. 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
Richard W. STOKES, Petitioner-Appellant, v. Colie RUSHTON, Warden of McCormick Correctional Institution; Charles M. Condon, Attorney General of the State of South Carolina, Respondents—Appellees
Status
Unpublished