Gregory Green v. Gregory Knowlin


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to expedite decision [998335517-2]; denying updating certificate of appealability status. Originating case number: 0:09-cv-00840-RBH Copies to all parties and the district court/agency. [998437913] [10-6293]

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Gregory Green v. Gregory Knowlin Doc. 0 Case: 10-6293 Document: 7 Date Filed: 10/04/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6293 GREGORY GREEN, Petitioner Appellant, v. GREGORY KNOWLIN, Warden, Respondent Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. R. Bryan Harwell, District Judge. (0:09-cv-00840-RBH) Submitted: September 28, 2010 Decided: October 4, 2010 Before WILKINSON, SHEDD, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Gregory Green, Appellant Pro Se. 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 Unpublished opinions are not binding precedent in this circuit.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: 10-6293 Document: 7 Date Filed: 10/04/2010 Page: 2 PER CURIAM: Gregory Green 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. 2253(c)(2) (2006). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484 prisoner demonstrating district debatable reasonable of v. jurists the find court's or assessment Slack constitutional 529 U.S. 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 of We have independently has not made motion and reviewed the to Slack, 529 U.S. the record and conclude Green deny requisite expedite, the showing. deny a We legal Accordingly, certificate dispense Green's appealability, oral argument dismiss the appeal. and with because facts 2 Case: 10-6293 Document: 7 Date Filed: 10/04/2010 Page: 3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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