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    Slezak v. Burtt, 4th Cir. (2006)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gary Slezak, who sought to appeal the district court's denial of relief on his 28 U.S.C. § 2254 petition. The court independently reviewed the record and concluded that Slezak did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Therefore, the court denied Slezak's motion for appointment of counsel, denied a certificate of appealability, and dismissed the appeal.

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    Slezak v. Burtt, 4th Cir. (2006)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gary Slezak, who sought to appeal the district court's denial of relief on his 28 U.S.C. § 2254 petition. The court independently reviewed the record and concluded that Slezak did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Therefore, the court denied Slezak's motion for appointment of counsel, denied a certificate of appealability, and dismissed the appeal.

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    Filed: 2006-05-26 Precedential Status: Non-Precedential Docket: 05-7253

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gary Slezak, who sought to appeal the district court's denial of relief on his 28 U.S.C. § 2254 petition. The court independently reviewed the record and concluded that Slezak did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Therefore, the court denied Slezak's motion for appointment of counsel, denied a certificate of appealability, and dismissed the appeal.

    Copyright:

    Public Domain
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    7 views2 pages

    Slezak v. Burtt, 4th Cir. (2006)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gary Slezak, who sought to appeal the district court's denial of relief on his 28 U.S.C. § 2254 petition. The court independently reviewed the record and concluded that Slezak did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Therefore, the court denied Slezak's motion for appointment of counsel, denied a certificate of appealability, and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7253

    GARY SLEZAK,
    Petitioner - Appellant,
    versus
    STANLEY BURTT, Warden of Lieber Correctional
    Institution; HENRY MCMASTER, Attorney General
    of SC,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence. R. Bryan Harwell, District Judge.
    (CA-03-3797)

    Submitted: May 18, 2006

    Decided: May 26, 2006

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


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Gary Slezak, Appellant Pro Se. William Edgar Salter, III, 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:
    Gary Slezak 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). A certificate of
    appealability will not issue absent a substantial showing of the
    denial of a constitutional right.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner satisfies this standard by demonstrating that reasonable


    jurists would find that 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 Slezak has not made the requisite showing.
    Accordingly, we deny Slezaks motion for appointment of counsel,
    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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