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Smith v. Bazzle

United States Court of Appeals, Fourth Circuit
Jan 23, 2007
214 F. App'x 321 (4th Cir. 2007)

Opinion

No. 06-7500.

Submitted: January 18, 2007.

Decided: January 23, 2007.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. G. Ross Anderson, Jr., District Judge. (0:05-cv-03142-GRA).

Randy Smith, Appellant Pro Se. Donald John Zelenka, William Edgar Salter, III, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellees.

Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Randy Smith 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 Smith 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

Smith v. Bazzle

United States Court of Appeals, Fourth Circuit
Jan 23, 2007
214 F. App'x 321 (4th Cir. 2007)
Case details for

Smith v. Bazzle

Case Details

Full title:Randy SMITH, Petitioner-Appellant, v. Richard E. BAZZLE, Warden; South…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jan 23, 2007

Citations

214 F. App'x 321 (4th Cir. 2007)

Citing Cases

Smith v. Bazzle

Randy SMITH, petitioner, v. Richard E. BAZZLE, Warden, et al.Case below, 214 Fed.Appx. 321. Petition for writ…