Pritchard v. Hinkle
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
JESSE JAMES PRITCHARD, JR., Petitioner - Appellant, v. GEORGE HINKLE, Warden, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:07-cv-00129-CMH)
March 28, 2008
April 21, 2008
Before MOTZ and GREGORY, Circuit Judges, and WILKINS, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jesse James Pritchard, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Jesse James Pritchard, Jr., seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2000) petition. judge The order is not appealable unless a circuit justice or 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 Pritchard has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. The motion to compel We dispense
prison officials to return legal documents is denied.
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.
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