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    Powell v. Ozmint, 4th Cir. (2005)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James E. Powell, a state prisoner, seeking to appeal the district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The court determines that Powell has not made a substantial showing that he was denied a constitutional right, as is required to issue a certificate of appealability. As such, the court dismisses Powell's appeal.

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    Powell v. Ozmint, 4th Cir. (2005)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James E. Powell, a state prisoner, seeking to appeal the district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The court determines that Powell has not made a substantial showing that he was denied a constitutional right, as is required to issue a certificate of appealability. As such, the court dismisses Powell's appeal.

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    Filed: 2005-05-25 Precedential Status: Non-Precedential Docket: 05-6220

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James E. Powell, a state prisoner, seeking to appeal the district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The court determines that Powell has not made a substantial showing that he was denied a constitutional right, as is required to issue a certificate of appealability. As such, the court dismisses Powell's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    12 views2 pages

    Powell v. Ozmint, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James E. Powell, a state prisoner, seeking to appeal the district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The court determines that Powell has not made a substantial showing that he was denied a constitutional right, as is required to issue a certificate of appealability. As such, the court dismisses Powell's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6220

    JAMES E. POWELL,
    Petitioner - Appellant,
    versus
    JON OZMINT, Director of the South Carolina
    Department of Corrections; HENRY MCMASTER,
    Attorney General of South Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill.
    Henry M. Herlong, Jr., District
    Judge. (CA-03-3549-0-20BD)

    Submitted:

    May 19, 2005

    Decided:

    May 25, 2005

    Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James E. Powell, Appellant Pro Se.


    Donald John Zelenka, Chief
    Deputy Attorney General, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James E. Powell, a state prisoner, seeks to appeal the
    district

    courts

    order

    accepting

    the

    recommendation

    of

    the

    magistrate judge and denying relief on his petition filed under 28


    U.S.C. 2254 (2000).

    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


    the district courts assessment of his constitutional claims is
    debatable or wrong and that any dispositive procedural rulings by
    the district court are also debatable or wrong.

    See 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 Powell
    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 -

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