Julian Rochester v. McKither Bodison

Filing 920100106

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6495

JULIAN E. ROCHESTER, a/k/a Julian Edward Rochester, Petitioner - Appellant, v. MCKITHER BODISON, Warden of Lieber Correctional Institution, Respondent - Appellee.

No. 09-6785

JULIAN EDWARD ROCHESTER, Petitioner - Appellant, v. MCKITHER BODISON, Respondent - Appellee.

Appeals from the United States District Court for the District of South Carolina, at Charleston. Henry M. Herlong, Jr., Senior District Judge. (2:09-cv-00539-HMH-RSC; 2:09-cv-00940-HMH-RSC)

Submitted:

December 16, 2009

Decided:

January 6, 2010

Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Julian Edward Rochester, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM: In these consolidated matters, Julian Edward Rochester seeks to appeal the district court's orders denying relief on his 28 U.S.C. § 2254 a (2006) circuit petitions. justice See 28 The or orders judge are not a

appealable certificate (2006).

unless of

issues

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 reviewed the the records and

conclude

Rochester

made

requisite

showing.

Accordingly, we deny a certificate of appealability and dismiss the appeals. We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials before the court We and argument motions would to not aid the decisional expedite

process.

deny

the

transfer

and

to

consideration of the appeals. DISMISSED 3