UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
JAMES O. YORK,
Petitioner - Appellant,
SOUTH CAROLINA, State of; HENRY MCMASTER,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Terry L. Wooten, District Judge.
Submitted: October 31, 2007 Decided: December 6, 2007
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. James O. York, Appellant Pro Se. Donald John Zelenka, OFFICE OF
THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,
for Appellees. Unpublished opinions are not binding precedent in this circuit.
James O. York seeks to appeal the district court's order
accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C. Â§ 2254 (2000) petition. The order is not
appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. Â§ 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. Â§ 2253(c)(2) (2000).
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
, 683-84 (4th Cir. 2001). We have independently reviewed the
record and conclude that York has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the
appeal. We also deny York's motion for the appointment of counsel.
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.
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