Leon v. McCall , 361 F. App'x 509 ( 2010 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7930
    MAURICIO LEON,
    Petitioner - Appellant,
    v.
    MICHAEL MCCALL, Warden; PERRY CORRECTIONAL INSTITUTION,
    Respondents - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.   Terry L. Wooten, District Judge.
    (3:08-cv-03332-TLW)
    Submitted:    January 14, 2010               Decided:   January 22, 2010
    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Mauricio Leon, Appellant Pro Se.   William Edgar Salter, III,
    Assistant  Attorney  General,  Donald  John  Zelenka,   Deputy
    Assistant Attorney General, Columbia, South Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Mauricio        Leon     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
     (2006) petition.                                  The
    order is not appealable unless a circuit justice or judge issues
    a certificate of appealability.                     
    28 U.S.C. § 2253
    (c)(1) (2006).
    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)        (2006).           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    Leon        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
    

Document Info

Docket Number: 09-7930

Citation Numbers: 361 F. App'x 509

Judges: Gregory, Motz, Per Curiam, Shedd

Filed Date: 1/22/2010

Precedential Status: Non-Precedential

Modified Date: 8/7/2023