Moore v. Beck , 158 F. App'x 439 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6965
DAVID EDWARD MOORE,
Petitioner - Appellant,
versus
THEODIS BECK; STATE OF NORTH CAROLINA;
ATTORNEY GENERAL ROY COOPER,
Respondents - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CA-03-375)
Submitted: November 30, 2005 Decided: December 15, 2005
Before LUTTIG, WILLIAMS, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Edward Moore, Appellant Pro Se. Sandra Wallace-Smith,
Assistant Attorney General, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David Edward Moore, a state prisoner, seeks to appeal the
district court’s order accepting the report and recommendation of
a magistrate judge and denying relief on his petition filed under
28 U.S.C. § 2254 (2000). 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 his constitutional claims are debatable and that
any dispositive procedural rulings by the district court are also
debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336
(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed
the record and conclude that Moore 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
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