Filed: Sep. 04, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6533 KENNETH PHILLIP WILLIAMS, Petitioner - Appellant, versus BERNARD MCKIE; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Patrick Michael Duffy, District Judge. (9:06-cv-02574-PMD) Submitted: August 15, 2007 Decided: September 4, 2007 Before MICHAEL and SHEDD, Circuit Judges, and WILKINS, Senior Cir
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6533 KENNETH PHILLIP WILLIAMS, Petitioner - Appellant, versus BERNARD MCKIE; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Patrick Michael Duffy, District Judge. (9:06-cv-02574-PMD) Submitted: August 15, 2007 Decided: September 4, 2007 Before MICHAEL and SHEDD, Circuit Judges, and WILKINS, Senior Circ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6533
KENNETH PHILLIP WILLIAMS,
Petitioner - Appellant,
versus
BERNARD MCKIE; HENRY MCMASTER, Attorney
General for South Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Patrick Michael Duffy, District
Judge. (9:06-cv-02574-PMD)
Submitted: August 15, 2007 Decided: September 4, 2007
Before MICHAEL and SHEDD, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kenneth Phillip Williams, Appellant Pro Se. Donald John Zelenka,
Samuel Creighton Waters, OFFICE OF THE ATTORNEY GENERAL OF SOUTH
CAROLINA, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Phillip Williams 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 Williams 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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