UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7354
TONY MOORE, JR.,
Petitioner - Appellant,
versus
CALVIN ANTHONY, Warden; HENRY D. MCMASTER,
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. Terry L. Wooten, District Judge.
(CA-02-2024-6-25AK)
Submitted: February 2, 2004 Decided: March 3, 2004
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Tony Moore, Jr., Appellant Pro Se. Donald John Zelenka, Chief
Deputy Attorney General, William Edgar Salter, III, 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Unpublished opinions are not binding precedent in this circuit.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:
Tony Moore, Jr., seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing his petition under 28 U.S.C. § 2254 (2000). We have
independently reviewed the record and conclude that Moore has not
made a substantial showing of the denial of a constitutional right.
See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). 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
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