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UNPUBLISHED PER CURIAM OPINION filed.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]

Download PDF
Marvin Rogers v. Warden Knowlin Doc. 0 Case: 10-7037 Document: 5 Date Filed: 10/12/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7037 MARVIN E. ROGERS, Petitioner - Appellant, v. WARDEN GREGORY KNOWLIN, Turbeville Correctional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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 2 Case: 10-7037 Document: 5 Date Filed: 10/12/2010 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?