Darriel Cobbs v. Michael McCall
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:09-cv-00528-CMC Copies to all parties and the district court/agency. [998452971] [10-6499]
Darriel Cobbs v. Michael McCall
Doc. 0
Case: 10-6499 Document: 10
Date Filed: 10/26/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6499 DARRIEL LEE COBBS, Petitioner - Appellant, v. MICHAEL MCCALL, Warden of Perry Correctional Institution; HENRY D. MCMASTER, Attorney General for the State of South Carolina, Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Cameron McGowan Currie, District Judge. (6:09-cv-00528-CMC) Submitted: October 19, 2010 Decided: October 26, 2010
Before DUNCAN, KEENAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Darriel Lee Cobbs, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-6499 Document: 10
Date Filed: 10/26/2010
Page: 2
PER CURIAM: Darriel Lee Cobbs 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 have independently has not made reviewed the Slack, 529 U.S. the record and
conclude
Cobbs
requisite
showing.
Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
2
Case: 10-6499 Document: 10
Date Filed: 10/26/2010
Page: 3
before
the
court
and
argument
would
not
aid
the
decisional
process. DISMISSED
3
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