John Colwell v. Warden, Broad River Correction
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7025 JOHN EDWARD COLWELL, Petitioner - Appellant, v. WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION,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Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-7025 Document: 7
Date Filed: 12/01/2010
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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
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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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