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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7463 MICHAEL D. GORE, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; HENRY DARGAN MCMASTER, Attorney General for South Carolina, Respondents - Appellees. No. 03-7841 MICHAEL D. GORE, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; HENRY DARGAN MCMASTER, Respondents - Appellees. Appeals from the United States District Court for the District of South Carolina, at Anderson. Cameron McGowan Currie, District Judge. (CA-03-612-8-22BI, CA-03-779-8-22BI) Submitted: February 12, 2004 Decided: February 20, 2004 Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael D. Gore, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, John William McIntosh, Assistant Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). - 2 - PER CURIAM: In these consolidated appeals, Michael D. Gore seeks to appeal the district court’s orders accepting the report and recommendation of a magistrate judge and denying relief on his petitions filed under
28 U.S.C. § 2254(2000). An appeal may not be taken from the final order in a § 2254 proceeding 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 his constitutional claims are debatable 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 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record in these appeals and conclude that Gore has not made the requisite showing. Accordingly, we deny certificates of appealability and dismiss the appeals. 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 - 3 -
Document Info
Docket Number: 03-7463, 03-7841
Citation Numbers: 88 F. App'x 591
Judges: Luttig, Motz, Per Curiam, Williams
Filed Date: 2/20/2004
Precedential Status: Non-Precedential
Modified Date: 8/6/2023