Franklin Benjamin v. State of South Carolina, No. 08-7705 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7705 FRANKLIN ANTONIO BENJAMIN, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA; ANTHONY PADULA, Warden of Lee Correctional Institution; HENRY MCMASTER, Attorney General, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Terry L. Wooten, District Judge. (0:07-cv-02442-TLW) Submitted: November 13, 2008 Decided: November 21, 2008 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Franklin Antonio Benjamin, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Franklin Antonio Benjamin seeks to appeal the district court s judge order and denying petition. or judge accepting relief issues absent constitutional prisoner recommendation on his 28 of U.S.C. the § magistrate 2254 (2000) The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2000). issue the a substantial right. jurists constitutional appealability. 28 U.S.C. A certificate of appealability will not satisfies reasonable of 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that (2000). demonstrating any district of assessment court is a A that of the 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 Benjamin has not made the certificate dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because the the we deny appeal. facts and a We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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