Mark Damron v. William Fox

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998420549-2]. Originating case number: 3:09-cv-00098. Copies to all parties and the district court/agency. [998451017] [10-7153]

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Mark Damron v. William Fox Doc. 0 Case: 10-7153 Document: 12 Date Filed: 10/22/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7153 MARK DAMRON, Petitioner - Appellant, v. WILLIAM FOX, Warden, St. Mary's Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:09-cv-00098) Submitted: October 14, 2010 Decided: October 22, 2010 Before MOTZ, KING, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Mark Damron, Appellant Pro Se. R. Charleston, West Virginia, for Appellee. Christopher Smith, Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-7153 Document: 12 Date Filed: 10/22/2010 Page: 2 PER CURIAM: Mark Damron 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. not appealable unless a circuit justice or The order is issues a A "a judge certificate of appealability. certificate of appealability 28 U.S.C. 2253(c)(1) (2006). will not issue 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 Damron requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. counsel. legal We also deny Damron's motion for appointment of We dispense with oral argument because the facts and are adequately 2 presented in the materials contentions Case: 10-7153 Document: 12 Date Filed: 10/22/2010 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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