Derick Singleton v. State of South Carolina
Filing
920100405
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-8030
DERICK L. SINGLETON, Petitioner - Appellant, v. STATE OF SOUTH INSTITUTION, CAROLINA; WARDEN OF PERRY CORRECTIONAL
Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry F. Floyd, District Judge. (0:08-cv-01900-HFF)
Submitted:
March 30, 2010
Decided:
April 5, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Derick L. Singleton, Appellant Pro Se. James Anthony Mabry, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Derick court's judge order and L. Singleton the seeks to appeal of the the § district
accepting
recommendation his 28
magistrate (2006)
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 Singleton has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
dismiss the
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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