Lakeithon Hall v. McKither Bodison

Filing 920100121

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7543

LAKEITHON M. HALL, a/k/a Lakeithan Hall, Petitioner ­ Appellant, v. MCKITHER BODISON, Warden Lieber Correctional Institution, Respondent ­ Appellee.

Appeal from the United States District Court for the District of South Carolina, at Anderson. R. Bryan Harwell, District Judge. (8:08-cv-02468-RBH)

Submitted:

January 14, 2010

Decided:

January 21, 2010

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lakeithon Assistant Assistant Appellee.

M. Hall, Appellant Pro Se. James Anthony Mabry, Attorney General, Donald John Zelenka, Deputy Attorney General, Columbia, South Carolina, for

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Lakeithon M. Hall seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The

order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of appealability 28 U.S.C. § 2253(c)(1) (2006). 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. 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). conclude that We have independently reviewed the record and Hall has not made the requisite showing.

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

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

process. DISMISSED

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