Hankins v. Wood , 283 F. App'x 999 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7574
FREEMAN L. HANKINS,
Petitioner - Appellant,
v.
DON WOOD,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
District Judge. (5:07-hc-02046-H)
Submitted: July 22, 2008 Decided: July 24, 2008
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Freeman L. Hankins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Freeman L. Hankins seeks to appeal the district court’s
order denying relief on his motion to reconsider the denial of 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 Hankins has not made the
requisite showing. Accordingly, we deny a certificate of
appealability, deny Hankins’ motion for authorization, 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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