McNeill v. Kenworthy

Filing 920080122

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7104 CORY LEE MCNEILL, Petitioner - Appellant, versus GEORGE KENWORTHY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C Dever III, District Judge. (5:06-hc-02177-D) Submitted: December 19, 2007 Decided: January 22, 2008 Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Cory Lee McNeill, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cory Lee McNeill, a state prisoner, seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C. 2254 (2000). An appeal may not be taken from the final order in a 2254 proceeding unless a circuit justice or judge issues a certificate of appealability. (2000). 28 U.S.C. 2253(c)(1) A certificate of appealability will not issue for claims addressed by a district court 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 both that the district court's assessment of his constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 338 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that McNeill has not made the requisite showing. Accordingly, we deny a certificate of appealability and We dispense with oral argument because the are and adequately argument presented not in aid the the dismiss the appeal. facts and legal before contentions the court materials would decisional process. DISMISSED - 2 -

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