Lavanza Mack v. State of South Carolina
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:09-cv-00275-TLW Copies to all parties and the district court/agency. [998474424] [10-6646]
Lavanza Mack v. State of South Carolina
Doc. 0
Case: 10-6646 Document: 5
Date Filed: 11/30/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6646 LAVANZA C. MACK, Petitioner Appellant, v. STATE OF SOUTH CAROLINA; RAYMOND REED, Warden of the Manning Correctional Institution, Respondents Appellees.
Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:09-cv-00275-TLW) Submitted: November 18, 2010 AGEE, Circuit Decided: Judges, and November 30, 2010 HAMILTON, Senior
Before SHEDD and Circuit Judge.
Dismissed by unpublished per curiam opinion. Lavanza C. Mack, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Alphonso Simon, Jr., OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-6646 Document: 5
Date Filed: 11/30/2010
Page: 2
PER CURIAM: Lavanza C. Mack 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. See 28 U.S.C. § 2253(c)(1)
(2006).
A certificate of appealability 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 Mack independently has not made reviewed the Slack, 529 U.S. the record and
conclude
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: 10-6646 Document: 5
Date Filed: 11/30/2010
Page: 3
before
the
court
and
argument
would
not
aid
the
decisional
process. DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?