Christopher Spencer v. McKither Bodison

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:08-cv-02035-PMD. Copies to all parties and the district court/agency. [998379520] [09-7928]

Christopher Spencer v. McKither Bodison

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7928 CHRISTOPHER SPENCER, a/k/a Christopher L. Spencer, Petitioner ­ Appellant, v. MCKITHER BODISON, Warden of Lieber Correctional Institution, Respondent ­ Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. Patrick Michael Duffy, District Judge. (4:08-cv-02035-PMD) Submitted: July 7, 2010 Decided: July 14, 2010

Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Christopher Spencer, Appellant Pro Se. Melody Jane Brown, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Christopher Spencer seeks to appeal the district

court's order denying his motion for enlargement of time to file objections to the report and recommendation of the magistrate judge following the district court's order accepting the

recommendation and denying relief on his 28 U.S.C. § 2254 (2006) 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); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). A certificate of appealability will not issue

absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2006). When the district court

denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district debatable court's or assessment Slack of v. the constitutional 529 U.S. claims 473, is 484

wrong.

McDaniel,

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. at 484-85. that We have independently has not made reviewed the Slack, 529 U.S. the record and

conclude

Spencer

requisite

showing.

Accordingly, we deny a certificate of appealability and dismiss 2

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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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