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Dan Temple, Jr. v. State of South Carolina, 4th Cir. (2014)
Dan Temple, Jr. v. State of South Carolina, 4th Cir. (2014)
No. 13-7904
Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Terry L. Wooten, Chief District
Judge. (9:13-cv-02207-TLW)
Submitted:
Judge,
Decided:
and
HAMILTON
and
April 1, 2014
DAVIS,
Senior
PER CURIAM:
Daniel
courts
judge
order
and
Temple,
Jr.,
accepting
dismissing
the
his
seeks
to
appeal
recommendation
28
U.S.C.
of
2254
the
the
district
magistrate
(2012)
petition
appealable
judge
unless
circuit
justice
or
issues
certificate of appealability.
Reid
363,
v.
Angelone,
certificate
of
369
F.3d
appealability
369
will
(4th
not
Cir.
issue
2004).
absent
on
the
demonstrating
district
merits,
that
courts
debatable
or
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
constitutional
529
U.S.
by
that
the
claims
is
473,
484
at 484-85.
We have independently reviewed the record and conclude
that Temple has not made the requisite showing.
2
Accordingly, we
informal
brief
we
as
construe
an
Temples
application
to
notice
file
of
appeal
second
or
previously
discoverable
by
due
diligence,
that
would
be
for
constitutional
error,
no
reasonable
factfinder
criteria.
would
28 U.S.C.
Therefore,
we
deny
authorization
to
file
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED