Julian Rochester v. McKither Bodison
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
JULIAN E. ROCHESTER, a/k/a Julian Edward Rochester, Petitioner - Appellant, v. MCKITHER BODISON, Warden of Lieber Correctional Institution, Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Charleston. Henry M. Herlong, Jr., District Judge. (2:09-cv-00217-HMH-RSC)
April 24, 2009
March 18, 2010
Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Julian E. Rochester, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Julian court's order E. Rochester relief seeks on his to 28 appeal U.S.C. the district (2006)
The order is not appealable unless a circuit justice See 28 U.S.C.
or judge issues a certificate of appealability. § 2253(c)(1) (2006). 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
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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). have independently reviewed the record and conclude We that
Rochester has not made the requisite showing.
Accordingly, we The We
deny a certificate of appealability and dismiss the appeal. motions to compel and for copies of documents are denied. dispense with oral argument because the facts and
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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