Herbert Palmer, Jr. v. Robert Stevenson, No. 08-8133 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8133 HERBERT PALMER, JR., Petitioner - Appellant, v. ROBERT M. STEVENSON, Institution, Warden Broad River Correctional Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Patrick Michael Duffy, District Judge. (6:07-cv-03140-PMD) Submitted: April 16, 2009 Decided: April 23, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Herbert Palmer, Jr., Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Herbert court s judge order and judge accepting denying petition. or Palmer, 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 issues absent constitutional prisoner the relief a certificate § 2253(c)(1) (2006). issue Jr., 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 Palmer 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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