Dunigan v. Beck

Filing 920060726

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6194 JIMMY D. DUNIGAN, Petitioner - Appellant, versus THEODIS BECK, Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:05-hc-00349-BO) Submitted: July 20, 2006 Decided: July 26, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jimmy D. Dunigan, Appellant Pro Se. Mary Carla Hollis, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Jimmy D. Dunigan, a state prisoner, seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2000) petition. The order is not appealable unless a circuit 28 U.S.C. justice or judge issues a certificate of appealability. 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). record and conclude that We have independently reviewed the Dunigan has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauperis, We deny a certificate of appealability, and dismiss the appeal. 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 -

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