Jerome Workman v. Richard Bazzle
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
JEROME WORKMAN, Petitioner - Appellant, v. RICHARD E. BAZZLE, Warden at Perry Correctional Institution, Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Beaufort. G. Ross Anderson, Jr., District Judge. (9:07-cv-02190-GRA)
September 16, 2008
September 22, 2008
Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jerome Workman, Appellant Pro Se. James Anthony Mabry, Columbia, South Carolina, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Jerome Workman seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing as untimely 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). record and conclude that We have independently reviewed the has not made the requisite
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
decisional process. DISMISSED
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