Campbell v. Warden, Broad River

U.S. Court of Appeals for the Fourth Circuit

Campbell v. Warden, Broad River

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7479

JIMMY JR. CAMPBELL,

Petitioner - Appellant,

v.

WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION; HENRY MCMASTER, Attorney General of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District Court of South Carolina, at Anderson. Terry L. Wooten, District Judge. (8:06-cv-02643-TLW)

Submitted: February 28, 2008 Decided: March 6, 2008

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jimmy Jr. Campbell, Appellant Pro Se. Donald John Zelenka, SOUTH CAROLINA ATTORNEY GENERAL’S OFFICE, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jimmy Jr. Campbell 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 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 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

(2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000); Rose v. Lee,

252 F.3d 676, 683-84

(4th Cir. 2001). We have

independently reviewed the record and conclude that Campbell has

not made the requisite showing. Accordingly, we deny Campbell’s

motion for 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

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Reference

Status
Unpublished