Maurice Anthony Odom, a/k/a Maurice Anthony Odom, Sr. v. Warden of Broad River Correctional Institution

25-6107Court of Appeals for the Fourth Circuit20.05.2025

Gesamter Gesetzestext

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6107
MAURICE ANTHONY ODOM, a/k/a Maurice Anthony Odom, Sr.,
Petitioner - Appellant,
v.
WARDEN OF BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Anderson. Timothy M. Cain, Chief District Judge. (8:23-cv-06895-TMC)
Submitted: May 15, 2025 Decided: May 20, 2025
Before NIEMEYER and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Maurice Anthony Odom, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Maurice Anthony Odom seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on Odom’s 28 U.S.C. § 2254
petition. The order is not appealable unless a circuit justice or judge issues a certificate of
appealability. See 28 U.S.C. § 2253(c)(1)(A). 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). When the district court denies relief on the merits, a prisoner satisfies this
standard by demonstrating that reasonable jurists could find the district court’s assessment
of the constitutional claims debatable or wrong. See Buck v. Davis, 580 U.S. 100, 115-17
(2017). When the district court denies relief on procedural grounds, the prisoner must
demonstrate both that the dispositive procedural ruling is debatable and that the petition
states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler, 565 U.S.
134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Odom 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 this court and argument would not aid the
decisional process.
DISMISSED

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