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Cusack v. Lieber

United States Court of Appeals, Fourth Circuit
Jun 19, 2008
282 F. App'x 247 (4th Cir. 2008)

Opinion

No. 08-6343.

Submitted: May 13, 2008.

Decided: June 19, 2008.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Cameron McGowan Currie, District Judge. (9:08-cv-00250-CMC).

Lamont M. Cusack, Appellant Pro Se.

Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Lamont M. Cusack 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Cusack 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.


Summaries of

Cusack v. Lieber

United States Court of Appeals, Fourth Circuit
Jun 19, 2008
282 F. App'x 247 (4th Cir. 2008)
Case details for

Cusack v. Lieber

Case Details

Full title:Lamont M. CUSACK, Petitioner — Appellant, v. LIEBER CORRECTIONAL…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 19, 2008

Citations

282 F. App'x 247 (4th Cir. 2008)