Albert Stevenson, Jr. v. Butch Jackson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
December 17, 2008
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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
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. 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
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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