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

Vickers v. Johnson

Vickers v. Johnson
U.S. Court of Appeals for the Fourth Circuit · Decided August 30, 2007 · Williams, Wilkins, Hamilton
238 F. App'x 980

Vickers v. Johnson

Opinion

PER CURIAM:

Eric Allen Vickers seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appeal-able 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 substan *981 tial 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Vickers 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.

*

In his objections to the magistrate judge’s report and recommendation, Vickers objected only to the recommendation regarding his claims D, G, H, 1(1), and E. By failing to object to the recommendation regarding his remaining claims, despite a specific warning of the consequences of failure to object, he has waived appellate review of the denial of relief on those claims. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985).

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