Shell v. Rushton

U.S. Courts of Appeals

Decided September 24, 2002

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U.S. Courts of Appeals · decided 2002-09-24

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

Dismissed by unpublished PER CURIAM opinion · Decided 2002-09-24

How this case has been cited

Cited by 39 later decisions (17 by the Supreme Court) — most recently April 2024 · most notably Test Masters Educational Services, Inc. v. Singh (2005), Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc. (2015)

7 federal appellate · 1 district · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1 Nathaniel Albert Shell seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief without prejudice on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and conclude on the reasoning of the district court that Shell has not made a substantial showing of the denial of a constitutional right. See Shell v. Rushton, No. CA-02-964-2-20AJ (D.S.C. filed Apr. 16, 2002, entered Apr. 17, 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.

¶2 DISMISSED.