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  • Miller 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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John M. Miller of the denial of his habeas corpus petition. The district court denied Miller's §2254 petition for habeas relief. The appellate court reviewed the record and agrees with the district court's reasoning that Miller did not make a substantial showing of the denial of a constitutional right. Therefore, the appellate court denies a certificate of appealability and dismisses the appeal.

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    Filed: 2002-09-10 Precedential Status: Non-Precedential Docket: 02-6880

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John M. Miller of the denial of his habeas corpus petition. The district court denied Miller's §2254 petition for habeas relief. The appellate court reviewed the record and agrees with the district court's reasoning that Miller did not make a substantial showing of the denial of a constitutional right. Therefore, the appellate court denies a certificate of appealability and dismisses the appeal.

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    Public Domain
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    6 views2 pages

    Miller 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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John M. Miller of the denial of his habeas corpus petition. The district court denied Miller's §2254 petition for habeas relief. The appellate court reviewed the record and agrees with the district court's reasoning that Miller did not make a substantial showing of the denial of a constitutional right. Therefore, the appellate court denies a certificate of appealability and dismisses the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6880

    JOHN M. MILLER,
    Petitioner - Appellant,
    versus
    COLIE
    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 Greenville. Dennis W. Shedd, District Judge.
    (CA-02-1212-6-19AK)

    Submitted:

    September 5, 2002

    Decided:

    September 10, 2002

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    John M. Miller, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John M. Miller seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C. 2254 (2000).
    We have reviewed the record and the district courts opinion
    accepting the recommendation of the magistrate judge and conclude
    on the reasoning of the district court that Miller has not made a
    substantial showing of the denial of a constitutional right.

    See

    Miller v. Rushton, No. CA-02-1212-6-19AK (D.S.C. May 23, 2002).


    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

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