Haddock v. Beck , 358 F. App'x 427 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-6415
    FLOYD HADDOCK, JR.,
    Petitioner - Appellant,
    v.
    THEODIS BECK, Secretary, D.O.C.,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Malcolm J. Howard,
    Senior District Judge. (5:08-hc-02056-H)
    Submitted:    November 10, 2009            Decided:   December 28, 2009
    Before MICHAEL, GREGORY, and AGEE, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Floyd Haddock, Jr., Appellant Pro Se.   Mary Carla Hollis,
    Assistant  Attorney General, Raleigh, North  Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Floyd    Haddock,        Jr.,    seeks       to    appeal      the   district
    court’s    order    denying    relief       on   his     
    28 U.S.C. § 2254
        (2006)
    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) (2006).          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)         (2006).        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 Haddock
    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: 09-6415

Citation Numbers: 358 F. App'x 427

Judges: Michael, Gregory, Agee

Filed Date: 12/28/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024