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  • Benton v. Maynard, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing James Benton's appeal of a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit reviewed the record and agreed with the district court that Benton did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed Benton's appeal.

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    Filed: 2003-02-28 Precedential Status: Non-Precedential Docket: 03-6114

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing James Benton's appeal of a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit reviewed the record and agreed with the district court that Benton did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed Benton's appeal.

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    13 views2 pages

    Benton v. Maynard, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing James Benton's appeal of a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit reviewed the record and agreed with the district court that Benton did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed Benton's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6114

    JAMES BENTON,
    Petitioner - Appellant,
    versus
    GARY D. MAYNARD, Director, South Carolina
    Department of Corrections (SCDC); 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. Cameron McGowan Currie, District
    Judge. (CA-02-2942-22AJ)

    Submitted:

    February 20, 2003

    Decided:

    February 28, 2003

    Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Benton, Appellant Pro Se. Donald John Zelenka, Chief Deputy
    Attorney General, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James Benton seeks to appeal the district courts order
    accepting the recommendation of the magistrate judge and denying
    relief on his petition filed under 28 U.S.C. 2254 (2000).

    We

    have reviewed the record and conclude for the reasons stated by the
    district court that Benton has not made a substantial showing of
    the denial of a constitutional right.

    See Benton v. Maynard, No.

    CA-02-2942-22AJ (D.S.C. filed Dec. 27, 2002; entered Dec. 30,


    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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