Kenneth Stradley v. Warden, Evans Correctional

Filing 402751392

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:08-cv-01875-GRA Copies to all parties and the district court/agency. [998316954] [09-7866]

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Case: 09-7866 Document: 12 Date Filed: 04/12/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7866 KENNETH ALAN STRADLEY, Petitioner - Appellant, v. WARDEN, EVANS CORRECTIONAL INSTITUTION, Respondent ­ Appellee, and STATE OF SOUTH CAROLINA, Respondent. Appeal from the United States District Court for the District of South Carolina, at Columbia. G. Ross Anderson, Jr., Senior District Judge. (3:08-cv-01875-GRA) Submitted: March 25, 2010 Decided: April 12, 2010 Before SHEDD, AGEE, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Tara Dawn Shurling, Columbia, South Carolina, for Appellant. Donald John Zelenka, Deputy Assistant Attorney General, James Anthony Mabry, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Case: 09-7866 Document: 12 Date Filed: 04/12/2010 Page: 2 PER CURIAM: Kenneth court's order petition. Alan Stradley relief on seeks his to 28 appeal U.S.C. the district (2006) denying § 2254 The order is not appealable unless a circuit justice See 28 U.S.C. or judge issues a certificate of appealability. § 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. 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). have independently reviewed the record and conclude We that Stradley has not made the requisite showing. Accordingly, we We deny a certificate of appealability and dismiss the appeal. 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 2

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