Filed: Apr. 07, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7690 JERRY LEE COLLIER, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; HENRY DARGAN MCMASTER, Attorney General of the State of South Carolina; MR. FAULKENBERRY, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry M. Herlong, Jr., District Judge. (CA-05-1016) Submitted: March 30, 2006 Decided: April 7, 2006 Before TRAXLER, GREGORY, and SHEDD, C
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7690 JERRY LEE COLLIER, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; HENRY DARGAN MCMASTER, Attorney General of the State of South Carolina; MR. FAULKENBERRY, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry M. Herlong, Jr., District Judge. (CA-05-1016) Submitted: March 30, 2006 Decided: April 7, 2006 Before TRAXLER, GREGORY, and SHEDD, Ci..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7690
JERRY LEE COLLIER,
Petitioner - Appellant,
versus
STATE OF SOUTH CAROLINA; HENRY DARGAN
MCMASTER, Attorney General of the State of
South Carolina; MR. FAULKENBERRY,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Henry M. Herlong, Jr., District
Judge. (CA-05-1016)
Submitted: March 30, 2006 Decided: April 7, 2006
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jerry Lee Collier, Appellant Pro Se. Donald John Zelenka, Chief
Deputy Attorney General, John William McIntosh, Assistant Attorney
General, William Edgar Salter, III, OFFICE OF THE ATTORNEY GENERAL
OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jerry Lee Collier seeks to appeal the district court’s
order adopting the recommendation of the magistrate judge and
dismissing his 28 U.S.C. § 2254 (2000) petition. The order is not
appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c) (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 the district court’s assessment of his
constitutional claims is debatable or wrong and that any
dispositive procedural rulings by the district court are likewise
debatable. See Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003);
Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d
676, 683-84 (4th Cir. 2001). We have independently reviewed the
record and conclude that Collier 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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