John Colwell v. Warden, Broad River Correction


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for other relief [998403999-2] Originating case number: 0:10-cv-01100-HMH Copies to all parties and the district court/agency. [998475620] [10-7025]

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John Colwell v. Warden, Broad River Correction Doc. 0 Case: 10-7025 Document: 7 Date Filed: 12/01/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7025 JOHN EDWARD COLWELL, Petitioner - Appellant, v. WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,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. (0:10-cv-01100-HMH) Submitted: November 18, 2010 AGEE, Circuit Decided: Judges, and December 1, 2010 HAMILTON, Senior Before SHEDD and Circuit Judge. Dismissed by unpublished per curiam opinion. John Edward Colwell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Case: 10-7025 Document: 7 Date Filed: 12/01/2010 Page: 2 PER CURIAM: John court's judge order and Edward Colwell the Fed. seeks to appeal of the the district magistrate motion for accepting his recommendation R. Civ. P. denying 60(b) reconsideration of the district court's order denying relief on his 28 U.S.C. 2254 a (2006) circuit petition. justice or The order is not a appealable unless judge issues certificate of appealability. Reid v. Angelone, of 369 F.3d 28 U.S.C. 2253(c)(1) (2006); 363, will 369 not (4th issue Cir. 2004). "a A certificate appealability absent 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 Colwell requisite showing. Accordingly, we deny a certificate of appealability, deny the 2 Case: 10-7025 Document: 7 Date Filed: 12/01/2010 Page: 3 pending motion for a new trial, and dismiss the appeal. dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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