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  • Mims v. McLeod, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from J.C. Mims, who sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit independently reviewed the record and concluded that Mims failed to make a substantial showing that his constitutional rights were denied. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed Mims' appeal.

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    Filed: 2003-12-03 Precedential Status: Non-Precedential Docket: 03-6665

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from J.C. Mims, who sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit independently reviewed the record and concluded that Mims failed to make a substantial showing that his constitutional rights were denied. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed Mims' appeal.

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    Public Domain
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    3 views2 pages

    Mims v. McLeod, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from J.C. Mims, who sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit independently reviewed the record and concluded that Mims failed to make a substantial showing that his constitutional rights were denied. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed Mims' appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6665

    J. C. MIMS,
    Petitioner - Appellant,
    versus
    PHILLIP
    E.
    MCLEOD,
    Warden
    of
    Perry
    Correctional Institution; CHARLES 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 Florence. Margaret B. Seymour, District Judge.
    (CA-02-1606-4-24)

    Submitted:

    November 19, 2003

    Decided:

    December 3, 2003

    Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    J. C. Mims, Appellant Pro Se. Derrick K. McFarland, OFFICE OF THE


    ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    J.C. Mims 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.

    We have independently

    reviewed

    Mims

    the

    record

    and

    conclude

    that

    has

    not

    made

    substantial showing of the denial of a constitutional right.


    Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).

    See

    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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