Monahan v. Burtt

Filing 920080428

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7547

DREW JOHN MONAHAN, Petitioner - Appellant, v. STAN BURTT, Warden, Lieber Correctional Institution, Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. R. Bryan Harwell, District Judge. (2:05-cv-02201-RBH)

Submitted:

April 24, 2008

Decided:

April 28, 2008

Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Drew John Monahan, 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Unpublished opinions are not binding precedent in this circuit.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: Drew John Monahan seeks to appeal the district court's orders accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000) petition, and denying his motion for reconsideration. unless a circuit justice or The orders are not appealable 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). record and conclude that We have independently reviewed the has not made the requisite

Monahan

showing.

Accordingly, we deny a certificate of appealability and We dispense with oral argument because the are and adequately argument presented not in aid the the

dismiss the appeal. facts and legal before

contentions the court

materials

would

decisional process. DISMISSED

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