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Jackson v. Padula, 07-7542 (2008)

Court: Court of Appeals for the Fourth Circuit Number: 07-7542 Visitors: 30
Filed: Nov. 21, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7542 SAMUEL KEITH JACKSON, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA; ANTHONY PADULA, Warden of Lee Correctional Institution, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Terry L. Wooten, District Judge. (0:06-cv-01837-TLW) Submitted: October 22, 2008 Decided: November 21, 2008 Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges. Dismissed
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 07-7542



SAMUEL KEITH JACKSON,

                Petitioner - Appellant,

          v.


STATE OF SOUTH CAROLINA;        ANTHONY   PADULA,   Warden   of   Lee
Correctional Institution,

                Respondents - Appellees.



Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Terry L. Wooten, District Judge.
(0:06-cv-01837-TLW)


Submitted:   October 22, 2008              Decided:   November 21, 2008


Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Samuel Keith Jackson, Appellant Pro Se. Henry Dargan McMaster,
Attorney General, Donald John Zelenka, Deputy Assistant Attorney
General, John William McIntosh, Assistant Attorney General,
Columbia, South Carolina, for Appellees.


Unpublished opinions are not binding precedent in this circuit.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

           Samuel Keith Jackson 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 Jackson 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




                                     2

Source:  CourtListener

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