Filed: Jun. 17, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6488 ANTHONY HOPKINS, Petitioner - Appellant, versus WILLIAM WHITE, Warden, Broad River Correctional Institution; HENRY 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 Columbia. David C. Norton, District Judge. (CA-04-1815-8) Submitted: June 9, 2005 Decided: June 17, 2005 Before NIEMEYER and DUNCAN, Circui
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6488 ANTHONY HOPKINS, Petitioner - Appellant, versus WILLIAM WHITE, Warden, Broad River Correctional Institution; HENRY 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 Columbia. David C. Norton, District Judge. (CA-04-1815-8) Submitted: June 9, 2005 Decided: June 17, 2005 Before NIEMEYER and DUNCAN, Circuit..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6488
ANTHONY HOPKINS,
Petitioner - Appellant,
versus
WILLIAM WHITE, Warden, Broad River
Correctional Institution; HENRY 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 Columbia. David C. Norton, District Judge.
(CA-04-1815-8)
Submitted: June 9, 2005 Decided: June 17, 2005
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Anthony Hopkins, Appellant Pro Se. Jeffrey Alan Jacobs, OFFICE OF
THE ATTORNEY GENERAL, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Hopkins seeks to appeal the district court’s
order accepting the report and recommendation of a magistrate judge
and dismissing 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 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
(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 Hopkins 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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