Albert Stevenson, Jr. v. Butch Jackson

Filing 920090113

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8208 ALBERT LEE STEVENSON, JR., Petitioner - Appellant, v. BUTCH JACKSON, Superintendent, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:08-cv-00444-WO-PTS) Submitted: December 17, 2008 Decided: January 13, 2009 Before NIEMEYER, MICHAEL, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Albert Lee Stevenson, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Albert district court's Lee Stevenson, accepting Jr., the seeks to appeal of the the order recommendation magistrate judge and denying relief on his 28 U.S.C. 2254 (2000) petition. justice or judge The order is not appealable unless a circuit issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2000). not issue absent "a A certificate of appealability will showing of the denial (2000). of a A that the or substantial 28 constitutional prisoner reasonable right." this would by U.S.C. standard 2253(c)(2) by any satisfies jurists demonstrating assessment is of find the that constitutional claims district court debatable 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 Stevenson has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal dismiss the with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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