Albright v. Jackson , 357 F. App'x 538 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7913
    STEVEN LAVON ALBRIGHT,
    Petitioner - Appellant,
    v.
    HERB JACKSON, Superintendent,
    Respondent - Appellee.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.  William L. Osteen,
    Jr., District Judge. (1:08-cv-00233-WO-PTS)
    Submitted:    December 15, 2009             Decided:   December 22, 2009
    Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Steven Lavon Albright, Appellant Pro Se. Clarence Joe DelForge,
    III, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF
    JUSTICE, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Steven       Lavon    Albright        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 Albright 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: 09-7913

Citation Numbers: 357 F. App'x 538

Judges: Michael, Duncan, Hamilton

Filed Date: 12/22/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024