James Strickland v. Warden, Lieber Corr Inst

Filing 920091021

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6902 JAMES S. STRICKLAND, Petitioner - Appellant, v. WARDEN, LIEBER CORRECTIONAL INSTITUTION, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. G. Ross Anderson, Jr., Senior District Judge. (4:07-cv-04103-GRA) Submitted: October 15, 2009 Decided: October 21, 2009 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. James S. Strickland, Appellant Pro Se. Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James court's judge order and S. Strickland 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 Strickland has not made the requisite showing. Accordingly, we deny a We also for certificate of appealability and dismiss the appeal. * deny Strickland's pending motions, including his motions To the extent Strickland seeks to raise issues not previously asserted in the district court, we decline to consider such issues. Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993). * 2 appointment general facts of counsel, We for a preliminary oral hearing, and for the the the relief. legal before dispense with are argument because in aid and contentions the court adequately argument presented not materials and would decisional process. DISMISSED 3

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