Filed: Feb. 07, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7987 JACK STEPHENSON, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-04-1570-2-18) Submitted: January 27, 2005 Decided: February 7, 2005 Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7987 JACK STEPHENSON, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-04-1570-2-18) Submitted: January 27, 2005 Decided: February 7, 2005 Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit ..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7987
JACK STEPHENSON,
Petitioner - Appellant,
versus
STATE OF SOUTH CAROLINA; HENRY MCMASTER,
Attorney General for South Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CA-04-1570-2-18)
Submitted: January 27, 2005 Decided: February 7, 2005
Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jack Stephenson, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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:
Jack Stephenson, a state prisoner, 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). The order is not appealable 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, 336-38 (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 Stephenson 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 -