Calvin Byrd v. Director Jon Ozmint, No. 08-8079 (4th Cir. 2009)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8079 CALVIN JEROME BYRD, Petitioner - Appellant, v. DIRECTOR JON OZMINT; ROBERT M. STEVENSON, III, Warden of Broad River Correctional Institution, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Patrick Michael Duffy, District Judge. (3:07-cv-02951-PMD) Submitted: March 23, 2009 Decided: April 3, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Calvin Jerome Byrd, Appellant Pro Se. Assistant Attorney General, Columbia, Appellees. Melody Jane Brown, South Carolina, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Calvin court s judge order and petition. or judge Jerome accepting denying issues constitutional reasonable seeks to appeal recommendation on his 28 of U.S.C. the the § district magistrate 2254 (2006) The order is not appealable unless a circuit justice absent prisoner the relief a certificate § 2253(c)(1) (2006). issue Byrd a substantial satisfies constitutional appealability. 28 U.S.C. A certificate of appealability will not right. jurists of 28 this by U.S.C. find the of the § 2253(c)(2) standard would claims showing that by of (2006). demonstrating any district denial assessment court is a A that of debatable the or wrong and that any dispositive procedural ruling by the district Miller-El v. Cockrell, 537 U.S. court is likewise debatable. 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 Byrd 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.