LaTroy Kennerly v. State of South Carolina, No. 09-6368 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6368 LATROY FLONN KENNERLY, Petitioner Appellant, v. STATE OF SOUTH INSTITUTION, CAROLINA; WARDEN, LIEBER CORRECTIONAL Respondents Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (3:08-cv-00736-CMC) Submitted: June 15, 2009 Decided: July 1, 2009 Before MOTZ, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. LaTroy Flonn Kennerly, 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 Unpublished opinions are not binding precedent in this circuit.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: LaTroy court s judge order and judge Kennerly adopting denying petition. or Flonn appeal on his 28 of the the U.S.C. § district magistrate 2254 (2006) The order is not appealable unless a circuit justice issues absent constitutional prisoner to recommendation relief a certificate § 2253(c)(1) (2006). issue the seeks 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 (2006). 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 Kennerly 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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