Ernest Battle v. Warden Bodison

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-02038-JFA Copies to all parties and the district court/agency. [998535820] [10-7312]

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Ernest Battle v. Warden Bodison Doc. 0 Case: 10-7312 Document: 15 Date Filed: 03/02/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7312 ERNEST BATTLE, Petitioner - Appellant, v. WARDEN M. BODISON, Lieber Correctional Inst., Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Aiken. Joseph F. Anderson, Jr., District Judge. (1:09-cv-02038-JFA) Submitted: February 24, 2011 Decided: March 2, 2011 Before GREGORY, SHEDD, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ernest Battle, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-7312 Document: 15 Date Filed: 03/02/2011 Page: 2 PER CURIAM: Ernest Battle seeks to appeal the district court's orders accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. 2254 (2006) petition. orders are not appealable unless a circuit justice or The judge issues a certificate of appealability. (2006). 28 U.S.C. 2253(c)(1) A certificate of appealability 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 Battle 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: 10-7312 Document: 15 Date Filed: 03/02/2011 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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