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Geddis v. Ozmint, 03-7070 (2003)

Court: Court of Appeals for the Fourth Circuit Number: 03-7070 Visitors: 19
Filed: Nov. 25, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7070 MARION GEDDIS, Petitioner - Appellant, versus JON E. OZMINT, Director, South Carolina Department of Corrections (SCDC); HENRY DARGAN 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 Anderson. Margaret B. Seymour, District Judge. (CA-02-3570-8-24B1) Submitted: October 15, 2003 Decided: November 25, 2003
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 03-7070



MARION GEDDIS,

                                           Petitioner - Appellant,

          versus


JON E. OZMINT, Director, South Carolina
Department of Corrections (SCDC); HENRY DARGAN
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 Anderson. Margaret B. Seymour, District Judge.
(CA-02-3570-8-24B1)


Submitted:   October 15, 2003          Decided:     November 25, 2003


Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Marion Geddis, Appellant Pro Se. Donald John Zelenka, Chief Deputy
Attorney General, John William McIntosh, Assistant Attorney
General, Derrick K. McFarland, 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Unpublished opinions are not binding precedent in this circuit.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:

     Marion Geddis seeks to appeal the district court’s order

accepting the recommendation of the magistrate judge and dismissing

his petition filed under 28 U.S.C. § 2254 (2000) as untimely.             An

appeal may not be taken from the final order in a § 2254 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
,

  , 
123 S. Ct. 1029
, 1039 (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 Geddis 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


                                      2

Source:  CourtListener

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