Curtis Lemon v. South Carolina, State of
Filing
920091006
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-6628
CURTIS JEROME LEMON, a/k/a Curtis Lemon, Petitioner Appellant, v. STATE OF SOUTH INSTITUTION, CAROLINA; WARDEN MCCORMICK CORRECTIONAL
Respondents Appellees.
Appeal from the United States District Court for the District of South Carolina, at Anderson. R. Bryan Harwell, District Judge. (8:08-cv-01055-RBH)
Submitted:
September 21, 2009
Decided:
October 6, 2009
Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Curtis Jerome Lemon, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, James Anthony Mabry, Assisant Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Curtis court's judge order and Jerome Lemon the seeks to appeal of the the § district magistrate (2006)
accepting
recommendation his 28
denying
relief
on
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 Lemon 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
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