Sims v. Stevenson , 349 F. App'x 828 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7151
    MANDALL SIMS,
    Petitioner – Appellant,
    v.
    ROBERT M. STEVENSON, III,
    Respondent – Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Florence.     G. Ross Anderson, Jr., Senior
    District Judge. (4:08-cv-03719-GRA)
    Submitted:    October 21, 2009              Decided:   November 5, 2009
    Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Mandall Sims, Appellant Pro Se. Donald John Zelenka, Deputy
    Assistant Attorney General, Columbia, South Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Mandall     Sims    seeks      to    appeal       the   district    court’s
    order accepting the recommendation of the magistrate judge and
    dismissing as untimely 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   Sims      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: 09-7151

Citation Numbers: 349 F. App'x 828

Judges: Michael, Niemeyer, Per Curiam, Wilkinson

Filed Date: 11/5/2009

Precedential Status: Non-Precedential

Modified Date: 8/7/2023