Barry Runyans v. Colie Rushton

Filing 920090311

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7200

BARRY KEITH RUNYANS, Petitioner - Appellant, v. COLIE RUSHTON, Warden; MCCORMICK CORRECTIONAL INSTITUTION; HENRY MCMASTER, Attorney General, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:07-cv-01600-HFF)

Submitted:

February 23, 2009

Decided:

March 11, 2009

Before GREGORY and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Barry Keith Runyans, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Barry court's order Keith Runyans the seeks to appeal of the the district magistrate

accepting

recommendation

judge and denying relief on his 28 U.S.C. § 2254 (2006) petition and the order denying a reconsideration. circuit justice The or orders judge are issues not a A "a

appealable

unless

certificate of appealability. certificate of appealability

28 U.S.C. § 2253(c)(1) (2006). will not issue absent

substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2006). 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 record (4th and Cir. 2001). that We have independently has not made reviewed the the

conclude

Runyans

requisite

showing.

Accordingly, we deny a certificate of appealability We dispense with oral argument because

and dismiss the appeal.

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the

decisional process. DISMISSED 2