UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6114
JAMES BENTON,
Petitioner - Appellant,
versus
GARY D. MAYNARD, Director, South Carolina
Department of Corrections (SCDC); 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 Charleston. Cameron McGowan Currie, District
Judge. (CA-02-2942-22AJ)
Submitted: February 20, 2003 Decided: February 28, 2003
Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Benton, Appellant Pro Se. Donald John Zelenka, Chief Deputy
Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Benton seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his petition filed under 28 U.S.C. § 2254 (2000). We
have reviewed the record and conclude for the reasons stated by the
district court that Benton has not made a substantial showing of
the denial of a constitutional right. See Benton v. Maynard, No.
CA-02-2942-22AJ (D.S.C. filed Dec. 27, 2002; entered Dec. 30,
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