LaTroy Kennerly v. State of South Carolina
Filing
920090701
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-6368
LATROY FLONN KENNERLY, Petitioner Appellant, v. STATE OF SOUTH INSTITUTION, CAROLINA; WARDEN, LIEBER CORRECTIONAL
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-00736-CMC)
Submitted:
June 15, 2009
Decided:
July 1, 2009
Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
LaTroy Flonn Kennerly, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: LaTroy court's judge order and Flonn Kennerly the seeks to appeal of the district
adopting
recommendation on his 28
the §
magistrate (2006)
denying
relief
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) (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
substantial 28
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
(2006).
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 that Kennerly has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal
certificate dispense
appealability oral argument
appeal. and
with
because
facts
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?