Johnny Burton v. Willie Eagleton

Filing 920090603

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8373

JOHNNY BURTON, Petitioner - Appellant, v. WILLIE EAGLETON, Warden; HENRY MCMASTER, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (3:08-cv-02032-CMC-JRM)

Submitted:

May 28, 2009

Decided:

June 3, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnny Burton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Johnny Burton seeks to appeal the district court's

order denying relief on his 28 U.S.C. § 2254 (2006) petition and denying his motion to reconsider that order. not appealable of unless a circuit justice See 28 or These orders are judge issues a

certificate (2006).

appealability.

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) (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. See 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

Burton

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