William Singleton v. Jonathan Ozmint
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 4:09-cv-00753-JFA. Copies to all parties and the district court/agency. [998535857] [10-6621]
William Singleton v. Jonathan Ozmint
Doc. 0
Case: 10-6621
Document: 7
Date Filed: 03/02/2011
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 10-6621
WILLIAM E. SINGLETON, Petitioner - Appellant, v. JONATHAN OZMINT; STATE OF CORRECTIONAL INSTITUTION, SOUTH CAROLINA; WARDEN LIEBER
Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Florence. Joseph F. Anderson, Jr., District Judge. (4:09-cv-00753-JFA)
Submitted:
February 24, 2011
Decided:
March 2, 2011
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William E. Singleton, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-6621
Document: 7
Date Filed: 03/02/2011
Page: 2
PER CURIAM: William court's judge order and E. 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 of the denial of a
substantial
constitutional right."
28 U.S.C. § 2253(c)(2) (2006).
When the
district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would
find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, 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. 529 U.S. at 484-85. Slack,
We have independently reviewed the record
and conclude that Singleton has not made the 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: 10-6621
Document: 7
Date Filed: 03/02/2011
Page: 3
before
the
court
and
argument
would
not
aid
the
decisional
process. DISMISSED
3
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