Geddis v. Ozmint

U.S. Court of Appeals for the Fourth Circuit
Geddis v. Ozmint, 81 F. App'x 781 (4th Cir. 2003)

Geddis v. Ozmint

Opinion

PER CURIAM.

Marion Geddis seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing his petition filed under 28 U.S.C. § 2254 (2000) as untimely. 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. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1039, 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 Geddis has not made the requisite showing. Accordingly, we deny a certificate of ap *782 pealability 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
Marion GEDDIS, Petitioner—Appellant, v. Jon E. OZMINT, Director, South Carolina Department of Corrections (SCDC); Henry Dargan McMaster, Attorney General of the State of South Carolina, Respondents—Appellees
Status
Unpublished