UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6880
JOHN M. MILLER,
Petitioner - Appellant,
versus
COLIE 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 Greenville. Dennis W. Shedd, District Judge.
(CA-02-1212-6-19AK)
Submitted: September 5, 2002 Decided: September 10, 2002
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John M. Miller, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John M. Miller seeks to appeal the district court’s order
denying relief on his petition filed under 28 U.S.C. § 2254 (2000).
We have reviewed the record and the district court’s opinion
accepting the recommendation of the magistrate judge and conclude
on the reasoning of the district court that Miller has not made a
substantial showing of the denial of a constitutional right. See
Miller v. Rushton, No. CA-02-1212-6-19AK (D.S.C. May 23, 2002).
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