Stuart Tompkins v. R. Mitchell
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
STUART WAYNE TOMPKINS, Petitioner - Appellant, v. R. DAVID MITCHELL, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:08-hc-02077-BO)
April 16, 2009
April 23, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stuart Wayne Tompkins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Stuart court's order Wayne Tompkins as seeks to appeal 28 the district § 2254
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). have independently reviewed the record and conclude We that
Tompkins 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
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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