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Hopkins v. White, 05-6488 (2005)

Court: Court of Appeals for the Fourth Circuit Number: 05-6488 Visitors: 39
Filed: Jun. 17, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6488 ANTHONY HOPKINS, Petitioner - Appellant, versus WILLIAM WHITE, Warden, Broad River Correctional Institution; HENRY MCMASTER, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. David C. Norton, District Judge. (CA-04-1815-8) Submitted: June 9, 2005 Decided: June 17, 2005 Before NIEMEYER and DUNCAN, Circui
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 05-6488



ANTHONY HOPKINS,

                                           Petitioner - Appellant,

          versus


WILLIAM    WHITE,  Warden,   Broad  River
Correctional Institution; HENRY MCMASTER,
Attorney General of the State of South
Carolina,

                                          Respondents - Appellees.


Appeal from the United States District Court for the District of
South Carolina, at Columbia.   David C. Norton, District Judge.
(CA-04-1815-8)


Submitted:   June 9, 2005                  Decided:   June 17, 2005


Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Anthony Hopkins, Appellant Pro Se. Jeffrey Alan Jacobs, OFFICE OF
THE ATTORNEY GENERAL, Columbia, South Carolina, for Appellees.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

              Anthony Hopkins seeks to appeal the district court’s

order accepting the report and recommendation of a magistrate judge

and dismissing 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 for claims addressed by a district

court   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 Hopkins 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




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Source:  CourtListener

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