UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6928
ERIC L. SPANN,
Petitioner - Appellant,
versus
COLIE L. RUSHTON, Warden at McCormick
Correctional Institution; CHARLES MOLONY
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. David C. Norton, District Judge.
(CA-01-3505)
Submitted: September 18, 2002 Decided: November 7, 2002
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eric L. Spann, Appellant Pro Se. Samuel Creighton Waters, OFFICE OF
THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eric L. Spann 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
that Spann has not made a substantial showing of the denial of a
constitutional right. See Spann v. Rushton, No. CA-01-3505 (D.S.C.
Apr. 2, 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
2