Roger Deal, Sr. v. Michael Bell

Filing 920090527

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8606

ROGER LEE DEAL, SR., Petitioner - Appellant, v. MICHAEL BELL, Respondent - Appellee.

No. 09-6070

ROGER LEE DEAL, SR., Petitioner - Appellant, v. MICHAEL BELL, Respondent - Appellee.

Appeals from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-hc-02132-FL)

Submitted:

May 21, 2009

Decided:

May 27, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roger Lee Deal, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM: Roger court's order Lee Deal, Sr., as seeks to appeal 28 the district § 2254

dismissing

successive

his

U.S.C.

(2006) petition and the court's subsequent order denying his request for a certificate of appealability. appealable certificate (2006). unless of a circuit justice See 28 or The orders are not judge issues a

appealability.

U.S.C.

§ 2253(c)(1)

A certificate of appealability will not issue absent "a

substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2006). that A prisoner satisfies would this find

standard

demonstrating

reasonable

jurists

that any assessment of the constitutional claims by the district court is debatable or 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 record showing. (4th and Cir. 2001). that We have independently not made reviewed the the

conclude

Deal

has

requisite

Accordingly, we deny a certificate of appealability We dispense with oral argument because

and dismiss the appeals.

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the

decisional process. DISMISSED 3