Anthony Taylor v. Cecilia Reynolds, No. 08-7515 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7515 ANTHONY R. TAYLOR, Tony Red, Petitioner - Appellant, v. CECILIA REYNOLDS, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:07-cv-01696-HMH) Submitted: December 16, 2008 Decided: December 24, 2008 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Anthony R. Taylor, Assistant Attorney Assistant Attorney Appellee. Appellant Pro Se. Melody Jane Brown, General, Donald John Zelenka, Deputy General, Columbia, South Carolina, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony R. Taylor 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 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 28 U.S.C. § 2253(c)(1) (2000). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. standard § 2253(c)(2) by (2000). demonstrating that A prisoner reasonable satisfies jurists would this 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 record and showing. Cir. 2001). conclude We that have Taylor independently has not made reviewed the the requisite 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

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