James Hammond, Jr. v. Theodis Beck

Filing 920090116

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7629 JAMES WALTON HAMMOND, JR., Petitioner Appellant, v. THEODIS BECK; ROBERT LEE, Respondents Appellees, and STATE OF NORTH CAROLINA, Respondent. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence C. Boyle, District Judge. (5:07-HC-02108-BO) Submitted: January 13, 2009 Decided: January 16, 2009 Before WILLIAMS, Judges. Chief Judge, and TRAXLER and KING, Circuit Dismissed by unpublished per curiam opinion. James Walton Hammond, Jr., Appellant Pro Se. Mary Carla Hollis, Assistant Attorney General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James Walton Hammond, Jr., seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2000) petition. The order is not appealable unless a circuit See 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 prisoner reasonable right." this would by 28 U.S.C. standard find the that 2253(c)(2) by any (2000). A that the or satisfies jurists demonstrating assessment is of constitutional claims district court debatable 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 Hammond has not made the requisite showing. Accordingly, we We deny a certificate of appealability and dismiss the appeal. dispense 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. DISMISSED 2

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