Milligan v. Burtt
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
CHARLES MILLIGAN, Petitioner - Appellant, versus STAN BURTT, Warden, Lieber Correctional Institution; HENRY MCMASTER, Attorney General of South Carolina, Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. David C. Norton, District Judge. (0:05-cv-01999-DCN)
Submitted: January 25, 2007
January 30, 2007
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Charles Milligan, Appellant Pro Se. Melody Jane Brown, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Charles Milligan 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." § 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by 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 Milligan 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.
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