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Jackson v. Padula, 4th Cir. (2008)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Samuel Keith Jackson's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court concludes that Jackson has not made a substantial showing that he was denied a constitutional right and therefore does not meet the standard for issuing a certificate of appealability. As such, the court dismisses Jackson's appeal without oral argument.

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29 views2 pages

Jackson v. Padula, 4th Cir. (2008)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Samuel Keith Jackson's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court concludes that Jackson has not made a substantial showing that he was denied a constitutional right and therefore does not meet the standard for issuing a certificate of appealability. As such, the court dismisses Jackson's appeal without oral argument.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 07-7542

SAMUEL KEITH JACKSON,


Petitioner - Appellant,
v.
STATE OF SOUTH CAROLINA;
Correctional Institution,

ANTHONY

PADULA,

Warden

of

Lee

Respondents - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Terry L. Wooten, District Judge.
(0:06-cv-01837-TLW)

Submitted:

October 22, 2008

Decided:

November 21, 2008

Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Samuel Keith Jackson, Appellant Pro Se. Henry Dargan McMaster,


Attorney General, Donald John Zelenka, Deputy Assistant Attorney
General, John William McIntosh, Assistant Attorney General,
Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Samuel Keith Jackson seeks to appeal the district courts
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. 2254 (2000) petition.

The order

is not appealable unless a circuit justice or judge issues a


certificate of appealability.

28 U.S.C. 2253(c)(1) (2000).

certificate of appealability will not issue absent a substantial


showing of the denial of a constitutional right.

2253(c)(2)

demonstrating

(2000).
that

prisoner

reasonable

satisfies

jurists

would

this

28 U.S.C.
standard

find

that

by
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 Jackson 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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