Murray v. State of South Carolina

Filing 41

ORDER denying 38 Motion for Certificate of Appealability. Signed by Honorable R Bryan Harwell on 02/02/2010.(dsto, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Kenny R. Murray, Jr., Petitioner, vs. Warden, Evans Correctional Institution, Respondent. ) ) ) ) ) ) ) ) )

C.A. No.: 4:09-cv-00907-RBH ORDER

This matter was remanded to the Court for the limited purpose of permitting the Court to supplement the record with an Order granting or denying a certificate of appealability. Having reviewed the matter, this Court finds that the Petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2006). Based on the foregoing, it is therefore ORDERED that a certificate of appealability is DENIED. IT IS SO ORDERED.

s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Florence, South Carolina February 2, 2010.