U.S. Court of Appeals for the Fourth Circuit, 2007

Short v. Eagleton

Short v. Eagleton
U.S. Court of Appeals for the Fourth Circuit · Decided April 24, 2007 · Niemeyer, King, Gregory
224 F. App'x 296

Short v. Eagleton

Opinion

*297 PER CURIAM:

Otis Lynn Short, a South Carolina prisoner, seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his habeas petition. * Short also seeks to appeal the district court’s order denying his subsequent Fed.R.Civ.P. 59(e) motion for reconsideration. The orders are not appealable 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 and conclude that Short 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.

*

Though Short brought his petition pursuant to 28 U.S.C. § 2254 (2000), some of his claims were recharacterized and considered by the court under 28 U.S.C. § 2241 (2000).

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