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Ward v. McLeod, 02-6766 (2002)

Court: Court of Appeals for the Fourth Circuit Number: 02-6766 Visitors: 4
Filed: Dec. 19, 2002
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6766 PHILIP WARD, Petitioner - Appellant, versus PHILLIP E. MCLEOD, Warden; CHARLES M. CONDON, 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. Terry L. Wooten, District Judge. (CA-01-12-BC) Submitted: December 16, 2002 Decided: December 19, 2002 Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges. Dismissed b
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6766 PHILIP WARD, Petitioner - Appellant, versus PHILLIP E. MCLEOD, Warden; CHARLES M. CONDON, 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. Terry L. Wooten, District Judge. (CA-01-12-BC) Submitted: December 16, 2002 Decided: December 19, 2002 Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Frank Langston Eppes, EPPES & PLUBLEE, P.A., Greenville, South Carolina, for Appellant. 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 Unpublished opinions are not binding precedent in this circuit.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: Phillip Ward seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and 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 for claims addressed by a district court on the merits absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). We have reviewed the record and conclude for the reasons stated by the district court that Ward has not satisfied either standard. See Ward v. McLeod, No. CA-01-12-BC (D.S.C. filed Apr. 18, 2002; entered Apr. 19, 2002). 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 2
Source:  CourtListener

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