Gregory Green v. Gregory Knowlin

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Gregory Green v. Gregory Knowlin

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Case: 10-6293 Document: 7

Date Filed: 10/04/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6293 GREGORY GREEN, Petitioner ­ Appellant, v. GREGORY KNOWLIN, Warden, Respondent ­ Appellee.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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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

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contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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