Wanda Scott v. State of South Carolina

Filing 920090826

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6269 WANDA SCOTT, a/k/a Wanda Renae Scott Thomas, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., Senior District Judge. (6:08-cv-01684-GRA) Submitted: August 20, 2009 Decided: August 26, 2009 Before WILKINSON and Senior Circuit Judge. MICHAEL, Circuit Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Wanda Scott, Appellant Pro Se. James Anthony Mabry, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wanda Scott seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on her 28 U.S.C. 2254 (2006) petition. not appealable unless a circuit justice or The order is issues a A "a judge 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 not made reviewed the the conclude Scott has requisite showing. Accordingly, we deny a certificate of appealability We deny Scott's motions to appoint We dispense with oral argument and dismiss the appeal. counsel and to consolidate. 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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