Lowery v. Maynard

U.S. Court of Appeals for the Fourth Circuit
Lowery v. Maynard, 85 F. App'x 894 (4th Cir. 2004)

Lowery v. Maynard

Opinion

PER CURIAM.

Thomas Lowery seeks to appeal the district court’s order adopting the magistrate judge’s recommendation to grant the Government summary judgment and deny his 28 U.S.C. § 2254 (2000) petition. Lowery cannot appeal this order unless a circuit *895 judge or justice issues a certifícate of appealability, and a certificate of appealability will not issue absent a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2258(c)(2) (2000). A habeas appellant meets 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, 326, 123 S.Ct. 1029, 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 Lowery 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
Thomas LOWERY, Petitioner-Appellant, v. Gary D. MAYNARD, Director of SCDC; Charles Condon, Attorney General of the State of South Carolina, Respondents-Appellees
Status
Unpublished