Filed: May 06, 2005
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6061 SOILA PEREZ ROMAS, Petitioner - Appellant, versus HENRY MCMASTER, Attorney General for South Carolina, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CA-04-3) Submitted: April 28, 2005 Decided: May 6, 2005 Before WILLIAMS, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Soila Pe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6061 SOILA PEREZ ROMAS, Petitioner - Appellant, versus HENRY MCMASTER, Attorney General for South Carolina, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CA-04-3) Submitted: April 28, 2005 Decided: May 6, 2005 Before WILLIAMS, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Soila Per..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6061
SOILA PEREZ ROMAS,
Petitioner - Appellant,
versus
HENRY MCMASTER, Attorney General for South
Carolina,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CA-04-3)
Submitted: April 28, 2005 Decided: May 6, 2005
Before WILLIAMS, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Soila Perez Romas, 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 Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Soila Perez Romas, a state prisoner, seeks to appeal the
district court’s order accepting the recommendation of the
magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000)
motion. This order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1); see Reid v. Angelone,
369 F.3d 363, 368-69, 374 n.7
(4th Cir. 2004). 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
the district court’s assessment of his constitutional claims is
debatable and that any dispositive procedural findings 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 (4th Cir. 2001).
We have independently reviewed the record and conclude
that Romas 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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