McNeill v. Kenworthy
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
December 19, 2007
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
decisional process. DISMISSED
- 2 -
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?