Stroman v. McMaster, No. 05-7485 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7485 SAMMIE STROMAN, Petitioner - Appellant, versus HENRY DARGAN MCMASTER, Attorney General for South Carolina, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Patrick Michael Duffy, District Judge. (CA-05-886-9) Submitted: January 19, 2006 Decided: January 25, 2006 Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Sammie Stroman, Appellant Pro Se. Melody Jane Brown, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Sammie Stroman seeks to appeal the district court s order adopting the report of a magistrate judge and denying relief on his petition filed under 28 U.S.C. § 2254 (2000), and denying reconsideration. An appeal may not be taken from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. § 2253(c)(2) demonstrating constitutional (2000). that A prisoner reasonable claims are satisfies jurists debatable this would and that 28 U.S.C. standard find any that by his dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). record and showing. conclude and materials Stroman has not made the requisite Accordingly, we deny a certificate of appealability and dismiss the appeal. facts that We have independently reviewed the legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED - 2 -

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