Little v. Beck , 280 F. App'x 308 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6448
EUGENE LITTLE,
Petitioner - Appellant,
v.
THEODIS BECK,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr., Chief
District Judge. (1:07-cv-00628-JAB-PTS)
Submitted: May 29, 2008 Decided: June 5, 2008
Before TRAXLER, GREGORY and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eugene Little, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eugene Little, a state prisoner, seeks to appeal the
district court’s order accepting the recommendation of the
magistrate judge and dismissing his petition filed under 28 U.S.C.
§ 2254 (2000), for failure to exhaust state remedies. 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 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 Little has not
made the requisite showing. Accordingly, we deny Little’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
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