Gore v. South Carolina

U.S. Court of Appeals for the Fourth Circuit
Gore v. South Carolina, 88 F. App'x 591 (4th Cir. 2004)

Gore v. South Carolina

Opinion

PER CURIAM.

In these consolidated appeals, Michael D. Gore seeks to appeal the district court’s orders accepting the report and recommendation of a magistrate judge and denying relief on his petitions filed under 28 U.S.C. § 2254 (2000). 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, 336, 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 in these appeals and conclude that Gore has not made the requisite showing. Accordingly, we deny certificates of appealability and dismiss the appeals. We dispense with oral argument because the facts and legal con *592 tentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Michael D. GORE, Petitioner—Appellant, v. State of SOUTH CAROLINA; Henry Dargan McMaster, Attorney General for South Carolina, Respondents—Appellees; Michael D. Gore, Petitioner—Appellant, v. State of South Carolina; Henry Dargan McMaster, Respondents—Appellees
Status
Unpublished