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  • Shell v. Rushton, 4th Cir. (2002)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Nathaniel Albert Shell's appeal of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The appeals court reviewed the district court record and concluded, like the district court, that Shell did not make a substantial showing of the denial of a constitutional right. Therefore, the appeals court denied a certificate of appealability and dismissed Shell's appeal.

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    Filed: 2002-09-24 Precedential Status: Non-Precedential Docket: 02-6761

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Nathaniel Albert Shell's appeal of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The appeals court reviewed the district court record and concluded, like the district court, that Shell did not make a substantial showing of the denial of a constitutional right. Therefore, the appeals court denied a certificate of appealability and dismissed Shell's appeal.

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    Public Domain
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    6 views2 pages

    Shell v. Rushton, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Nathaniel Albert Shell's appeal of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The appeals court reviewed the district court record and concluded, like the district court, that Shell did not make a substantial showing of the denial of a constitutional right. Therefore, the appeals court denied a certificate of appealability and dismissed Shell's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6761

    NATHANIEL ALBERT SHELL,


    Petitioner - Appellant,
    versus
    COLIE L. RUSHTON, Warden of
    McCormick
    Correctional Institution; CHARLES M. CONDON,
    Attorney General of the State of South
    Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. Henry M. Herlong, Jr., District
    Judge. (CA-02-964-2-20AJ)

    Submitted:

    September 9, 2002

    Decided:

    September 24, 2002

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Nathaniel Albert Shell, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Nathaniel Albert Shell seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief without prejudice on his petition filed under 28
    U.S.C. 2254 (2000).

    We have reviewed the record and conclude on

    the reasoning of the district court that Shell has not made a
    substantial showing of the denial of a constitutional right.

    See

    Shell v. Rushton, No. CA-02-964-2-20AJ (D.S.C. filed Apr. 16, 2002,


    entered Apr. 17, 2002).

    Accordingly, we deny a certificate of

    appealability and dismiss the appeal.

    See 28 U.S.C. 2253(c)

    (2000). 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

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