Trice v. States of Georgia , 376 F. App'x 313 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6337
RICHARD EDWARD TRICE,
Petitioner - Appellant,
v.
STATES OF GEORGIA,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Joseph F. Anderson, Jr., District
Judge. (4:09-cv-02767-JFA)
Submitted: April 22, 2010 Decided: April 28, 2010
Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Richard Edward Trice, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Richard Edward Trice, a former state prisoner, seeks
to appeal the district court’s orders accepting the
recommendation of the magistrate judge, denying relief on his 28
U.S.C. § 2241 (2006) petition, and denying reconsideration. The
orders are 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 Trice 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
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