Marvin Rogers v. Warden Knowlin
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:10-cv-01522-HFF Copies to all parties and the district court/agency. [998443310] [10-7037]
Marvin Rogers v. Warden Knowlin
Doc. 0
Case: 10-7037 Document: 5
Date Filed: 10/12/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7037 MARVIN E. ROGERS, Petitioner - Appellant, v. WARDEN GREGORY KNOWLIN, Turbeville Correctional Institution, Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Charleston. Henry F. Floyd, District Judge. (2:10-cv-01522-HFF) Submitted: September 30, 2010 Decided: October 12, 2010
Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Marvin E. Rogers, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-7037 Document: 5
Date Filed: 10/12/2010
Page: 2
PER CURIAM: Marvin E. Rogers 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. A certificate of appealability 28 U.S.C. § 2253(c)(1) (2006). 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 independently has not made reviewed the Slack, 529 U.S. the record and
conclude
Rogers
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
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Case: 10-7037 Document: 5
Date Filed: 10/12/2010
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before
the
court
and
argument
would
not
aid
the
decisional
process. DISMISSED
3
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