George Jenkins v. Warden Robert Stevenson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
GEORGE JENKINS, Petitioner - Appellant, v. WARDEN ROBERT STEVENSON, Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Beaufort. R. Bryan Harwell, District Judge. (9:09-cv-00057-RBH)
April 22, 2010
April 28, 2010
Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
George Jenkins, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Samuel Creighton Waters, Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: George Jenkins 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
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). that We have independently has not made reviewed the the record and
Accordingly, we deny Jenkins's motion to appoint counsel, deny a certificate dispense of appealability, oral argument and dismiss the the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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