Mewborn v. Smith , 304 F. App'x 192 ( 2008 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-7637
    CHARLES MEWBORN,
    Petitioner - Appellant,
    v.
    LEWIS SMITH, Superintendent
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Terrence W. Boyle,
    District Judge. (5:07-hc-02102-BO)
    Submitted:    December 16, 2008            Decided:   December 24, 2008
    Before WILKINSON, MICHAEL, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Charles Mewborn, Appellant Pro Se. Clarence Joe DelForge, III,
    Assistant  Attorney   General,  Raleigh, North  Carolina,  for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Charles Mewborn seeks to appeal the district court’s
    order 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.            See     
    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.                     See 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 Mewborn
    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 the
    court and argument would not aid the decisional process.
    DISMISSED
    2
    

Document Info

Docket Number: 08-7637

Citation Numbers: 304 F. App'x 192

Judges: Wilkinson, Michael, King

Filed Date: 12/24/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024