Walker v. State of South Carolina

Filing 56

ORDER re 53 USCA Order. It is therefore ORDERED that a certificate of appealability is denied. Signed by Honorable Henry M Herlong, Jr on 10/12/2010. (mcot, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION

Patrick Bertram Walker, #296176, Petitioner, vs. Warden of Broad River Correctional Institution, Respondent.

) ) ) ) ) ) ) ) ) )

C.A. No. 1:09-2672-HMH OPINION AND ORDER

This matter is before the court on limited remand from the United States Court of Appeals for the Fourth Circuit for the court to issue or deny a certificate of appealability. A court may issue a certificate of appealability "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). After review, the court finds that the petitioner has failed to satisfy the legal standard to issue a certificate of appealability. It is therefore ORDERED that a certificate of appealability is denied. IT IS SO ORDERED.

s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina October 12, 2010

1