Charles Hall v. Colie Rushton

Filing 920081017

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6488

CHARLES O. HALL, Petitioner - Appellant, v. COLIE RUSHTON, Warden McCormick Correctional Institution, Respondent ­ Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Terry L. Wooten, District Judge. (2:07-cv-00620-TLW)

Submitted:

October 14, 2008

Decided:

October 17, 2008

Before KING, GREGORY, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles O. Hall, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Charles O. Hall seeks to appeal the district court's order 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. (2000). 28 U.S.C. § 2253(c)(1)

A certificate of appealability will not issue absent "a

substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2000). that A prisoner satisfies would this find

standard

demonstrating

reasonable

jurists

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). that We have independently has not made reviewed the the record and

conclude

Hall

requisite

showing.

Accordingly, we deny a certificate of appealability, deny leave to proceed in forma oral pauperis, argument and dismiss the the appeal. and We legal

dispense

with

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED

2