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Larrimore v. Ozmint, 03-7907 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 03-7907 Visitors: 48
Filed: Jun. 14, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7907 TONY G. LARRIMORE, Petitioner - Appellant, versus JONATHAN OZMINT, Director of SCDC; HENRY DARGAN MCMASTER, Respondents - Appellees, and CHARLES M. CONDON, Respondent. Appeal from the United States District Court for the District of South Carolina, at Anderson. David C. Norton, District Judge. (CA-03-176-8-26) Submitted: April 23, 2004 Decided: June 14, 2004 Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges. Dismis
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                                UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                                No. 03-7907



TONY G. LARRIMORE,

                                                Petitioner - Appellant,


          versus


JONATHAN OZMINT,     Director    of   SCDC;   HENRY
DARGAN MCMASTER,

                                               Respondents - Appellees,


          and

CHARLES M. CONDON,

                                                             Respondent.



Appeal from the United States District Court for the District of
South Carolina, at Anderson.   David C. Norton, District Judge.
(CA-03-176-8-26)


Submitted:   April 23, 2004                     Decided:   June 14, 2004


Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Tony G. Larrimore, Appellant Pro Se. Donald John Zelenka, Chief
Deputy Attorney General, John William McIntosh, Assistant Attorney
General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).




                             - 2 -
PER CURIAM:

           Tony G. Larrimore seeks to appeal the district court’s

order denying relief on his petition filed under 28 U.S.C. § 2254

(2000).   An appeal may not be taken from the final order in a

habeas corpus proceeding unless a circuit justice or judge issues

a certificate of appealability.       28 U.S.C. § 2253(c)(1) (2000).           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)   (2000).    A    prisoner   satisfies      this   standard    by

demonstrating    that   reasonable     jurists     would     find    that    his

constitutional    claims   are   debatable   and   that     any     dispositive

procedural rulings by the district court are also debatable or

wrong.    See Miller-El v. Cockrell, 
537 U.S. 322
, 336 (2003);

Slack v. McDaniel, 
529 U.S. 473
, 484 (2000); Rose v. Lee, 
252 F.3d 676
, 683 (4th Cir 2001). We have independently reviewed the record

and conclude that Larrimore has not made the 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 before the

court and argument would not aid the decisional process.



                                                                      DISMISSED




                                   - 3 -

Source:  CourtListener

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