Glenn v. Warden, Lieber Correctional Institution

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7842 TAVO GLENN, a/k/a Tavo T. Glenn, a/k/a Tavo Tarrell Glenn, Petitioner - Appellant, v. WARDEN, LIEBER CORRECTIONAL INSTITUTION, Respondent - Appellee, and JON OZMINT, Respondent. Appeal from the United States District Court for the District of South Carolina, at Anderson. Patrick Michael Duffy, Senior District Judge. (8:08-cv-03078-PMD) Submitted: April 15, 2010 Decided: June 8, 2010 Before MOTZ, GREGORY, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Tavo Glenn, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tavo Glenn seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that 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 Glenn 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 2