Filed: Sep. 07, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6565 FREDDIE JUNIOR WELLS, Petitioner - Appellant, versus SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Henry F. Floyd, District Judge. (4:06-cv-01965-HFF) Submitted: August 30, 2007 Decided: September 7, 2007 Before MICHAEL, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6565 FREDDIE JUNIOR WELLS, Petitioner - Appellant, versus SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Henry F. Floyd, District Judge. (4:06-cv-01965-HFF) Submitted: August 30, 2007 Decided: September 7, 2007 Before MICHAEL, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6565
FREDDIE JUNIOR WELLS,
Petitioner - Appellant,
versus
SOUTH CAROLINA DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Henry F. Floyd, District Judge.
(4:06-cv-01965-HFF)
Submitted: August 30, 2007 Decided: September 7, 2007
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Freddie Junior Wells, Appellant Pro Se. Donald John Zelenka,
OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, John Benjamin
Aplin, SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE & PARDON
SERVICES, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Freddie Junior Wells, 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. § 2241 (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 Wells has not
made the requisite showing. Accordingly, we deny a certificate of
appealability, deny leave to proceed in forma pauperis, 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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