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Wilson v. State of South Carolina, 07-6903 (2008)

Court: Court of Appeals for the Fourth Circuit Number: 07-6903 Visitors: 87
Filed: Jul. 02, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6903 UGANDA WILSON, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA; ATTORNEY GENERAL OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:05-cv-03231) Submitted: February 19, 2008 Decided: July 2, 2008 Before WILKINSON, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. U
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 07-6903



UGANDA WILSON,

                 Petitioner - Appellant,

          v.


STATE OF SOUTH CAROLINA; ATTORNEY GENERAL OF SOUTH CAROLINA,

                 Respondents - Appellees.


Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:05-cv-03231)


Submitted:   February 19, 2008              Decided:   July 2, 2008


Before WILKINSON, KING, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Uganda Wilson, Appellant Pro Se.     William Edgar Salter, III,
Donald John Zelenka, OFFICE OF THE ATTORNEY GENERAL OF SOUTH
CAROLINA, Columbia, South Carolina, for Appellees.


Unpublished opinions are not binding precedent in this circuit.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

           Uganda Wilson seeks to appeal the district court’s orders

accepting the recommendation of the magistrate judge and denying

relief on his 28 U.S.C. § 2254 (2000) petition, and denying his

motion for reconsideration under Fed. R. Civ. P. 59(e). The orders

are 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 Wilson has not

made the requisite showing.     Accordingly, we deny his motion for 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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