Darrell Young v. Larry Dail
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DARRELL LEE YOUNG, Petitioner - Appellant, v. LARRY DAIL, Respondent - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:08-cv-00087-GCM)
February 19, 2009
February 25, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darrell Lee Young, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Darrell Lee Young seeks to appeal the district court's order dismissing his 28 U.S.C. § 2254 (2000) petition as
The order is not appealable unless a circuit See 28
justice or judge issues a certificate of appealability. U.S.C. § 2253(c)(1) (2006). not issue absent "a
A certificate of appealability will showing of the denial (2006). of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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 Young has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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