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  • Glover v. McMaster, 4th Cir. (2008)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Tekoa T. Glover v. Henry Dargan McMaster et al. The Court of Appeals is dismissing Glover's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court finds that Glover has not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. Therefore, the court denies Glover a certificate of appealability and dismisses his appeal.

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    Filed: 2008-05-30 Precedential Status: Non-Precedential Docket: 08-6328

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Tekoa T. Glover v. Henry Dargan McMaster et al. The Court of Appeals is dismissing Glover's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court finds that Glover has not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. Therefore, the court denies Glover a certificate of appealability and dismisses his appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    2 views2 pages

    Glover v. McMaster, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Tekoa T. Glover v. Henry Dargan McMaster et al. The Court of Appeals is dismissing Glover's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court finds that Glover has not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. Therefore, the court denies Glover a certificate of appealability and dismisses his appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6328

    TEKOA T. GLOVER,
    Petitioner - Appellant,
    v.
    HENRY DARGAN MCMASTER; COLIE
    Correctional Institution,

    RUSHTON,

    Warden

    of

    McCormick

    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill.
    Henry F. Floyd, District Judge.
    (0:06-cv-03454-HFF)

    Submitted:

    May 22, 2008

    Decided:

    May 30, 2008

    Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Tekoa T. Glover, Appellant Pro Se. Donald John Zelenka, Deputy


    Assistant Attorney General, Columbia, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tekoa T. Glover seeks to appeal the district courts
    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.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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 Cir. 2001).

    We have

    independently reviewed the record and conclude that Glover has not
    made the requisite showing.

    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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