Shell v. Rushton , 46 F. App'x 223 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6761
NATHANIEL ALBERT SHELL,
Petitioner - Appellant,
versus
COLIE L. RUSHTON, Warden of McCormick
Correctional Institution; CHARLES M. CONDON,
Attorney General of the State of South
Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Henry M. Herlong, Jr., District
Judge. (CA-02-964-2-20AJ)
Submitted: September 9, 2002 Decided: September 24, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Nathaniel Albert Shell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Nathaniel Albert Shell seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief without prejudice on his petition filed under 28
U.S.C. § 2254 (2000). We have reviewed the record and conclude on
the reasoning of the district court that Shell has not made a
substantial showing of the denial of a constitutional right. See
Shell v. Rushton, No. CA-02-964-2-20AJ (D.S.C. filed Apr. 16, 2002,
entered Apr. 17, 2002). Accordingly, we deny a certificate of
appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)
(2000). 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
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