Dennis Snipes v. Cecilia Reynolds
Filing
920090618
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-8195
DENNIS L. SNIPES, Petitioner Appellant, v. CECILIA REYNOLDS, Respondent Appellee.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (0:07-cv-03516-CMC-MCIV)
Submitted:
June 8, 2009
Decided:
June 18, 2009
Before WILKINSON, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Susan L. Ferguson, Burbank, California, for Appellant. William Edgar Salter, III, Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Dennis L. Snipes seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The
order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of appealability 28 U.S.C. § 2253(c)(1) (2006). will not issue absent "a
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 (4th Cir. 2001). conclude that We have independently reviewed the record and Snipes has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral 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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