Devon Frye v. Warden
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DEVON A. FRYE, Petitioner - Appellant, v. WARDEN, Department of Corrections, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:06-cv-00720-MHL)
April 24, 2008
April 30, 2008
Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Devon A. Frye, Appellant Pro Se. Joshua Mikell Didlake, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Devon A. Frye seeks to appeal the magistrate judge's order denying relief on his 28 U.S.C. § 2254 (2000) petition.* 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." § 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by 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 Frye has not made the requisite showing. Accordingly, we deny a certificate of We dispense with oral
appealability and dismiss the appeal.
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
The case was decided by a magistrate judge with the parties' consent. 28 U.S.C. § 636(c) (2000). - 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?