John Hart v. Warden, Broad River Corr. Inst
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:09-cv-00997-HMH. Copies to all parties and the district court/agency. [998445261] [10-6906]
John Hart v. Warden, Broad River Corr. Inst
Doc. 0
Case: 10-6906 Document: 6
Date Filed: 10/14/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6906 JOHN H. HART, Petitioner Appellant, v. WARDEN OF BROAD RIVER CORRECTIONAL INSTITUTION, Respondent Appellee.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry M. Herlong, Jr., Senior District Judge. (0:09-cv-00997-HMH) Submitted: September 23, 2010 Decided: October 14, 2010
Before GREGORY, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. John H. Hart, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-6906 Document: 6
Date Filed: 10/14/2010
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PER CURIAM: John H. Hart seeks to appeal the district court's
order accepting the recommendation of the magistrate judge and dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. (2006). 28 U.S.C. § 2253(c)(1)
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 Hart 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: 10-6906 Document: 6
Date Filed: 10/14/2010
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before
the
court
and
argument
would
not
aid
the
decisional
process. DISMISSED
3
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