-
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7620 KENNETH MICHAEL BOEKENOOGEN, Petitioner - Appellant, v. R. DAVID MITCHELL, Supt.; THEODIS BECK, Respondents - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:09-CV-00099-JAB-DPD) Submitted: November 19, 2009 Decided: December 4, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Kenneth Michael Boekenoogen, Appellant Pro Se. Clarence Joe DelForge, III, Mary Carla Hollis, Assistant Attorneys General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth Michael Boekenoogen seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and 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.
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. 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 Boekenoogen has not made the requisite showing. Accordingly, we deny Boekenoogen’s motion for 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: 09-7620
Citation Numbers: 354 F. App'x 766
Judges: Motz, Gregory, Shedd
Filed Date: 12/4/2009
Precedential Status: Non-Precedential
Modified Date: 11/5/2024