Ronald Hendrickson v. Theodis Beck

Filing 920080702

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6523 RONALD V. HENDRICKSON, Petitioner - Appellant, v. THEODIS BECK, Corrections, Secretary of North Carolina Department of Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:07-hc-02137-FL) Submitted: June 26, 2008 Decided: July 2, 2008 Before KING and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ronald V. Hendrickson, Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ronald V. Hendrickson 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. See 28 U.S.C. issues 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. See 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 Hendrickson has not made the requisite showing. Accordingly, we deny Hendrickson's motion for a certificate of appealability and dismiss the appeal. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. DISMISSED - 2 -

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