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Cantrell v. Ozmint, 06-7598 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 06-7598 Visitors: 47
Filed: Apr. 18, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7598 LARRY GENE CANTRELL, Petitioner - Appellant, versus JON OZMINT, Commissioner of South Carolina Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. David C. Norton, District Judge. (8:05-cv-03145-DCN) Submitted: March 30, 2007 Decided: April 18, 2007 Before GREGORY, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per
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                              UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                              No. 06-7598



LARRY GENE CANTRELL,

                                             Petitioner - Appellant,

          versus


JON OZMINT, Commissioner of South Carolina
Department of Corrections,

                                              Respondent - Appellee.


Appeal from the United States District Court for the District of
South Carolina, at Anderson.   David C. Norton, District Judge.
(8:05-cv-03145-DCN)


Submitted:   March 30, 2007                 Decided:   April 18, 2007


Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Jan Simpson Strifling, Melissa Reed Kimbrough, Columbia, South
Carolina, for Appellant. Donald John Zelenka, Melody Jane Brown,
OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South
Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

           Larry Gene Cantrell 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) petition.           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     any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable.        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 Cantrell 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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Source:  CourtListener

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