William Dawson v. Stan Burtt

Filing 920081211

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7842 WILLIAM DOUGLAS DAWSON, Petitioner - Appellant, v. WARDEN STAN BURTT, Respondent Appellee, and HENRY MCMASTER, Attorney General for South Carolina, Respondent. Appeal from the United States District Court for the District of South Carolina, at Florence. Sol Blatt, Jr., Senior District Judge. (4:06-cv-03205-SB) Submitted: November 24, 2008 Decided: December 11, 2008 Before WILKINSON, SHEDD, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. William Douglas Dawson, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William Douglas Dawson seeks to appeal the district court's judge order and accepting the recommendation his 28 of the magistrate (2000) denying relief on U.S.C. 2254 petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2000). issue absent "a A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or substantial 28 constitutional prisoner reasonable right." this would by 2253(c)(2) by any (2000). satisfies jurists demonstrating assessment is of constitutional claims district court debatable 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 Dawson has not made the requisite showing. Accordingly, we deny a certificate We dispense with oral of appealability and dismiss the appeal. argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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