Roger Deal, Sr. v. Michael Bell

Filing 920090527

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8606 ROGER LEE DEAL, SR., Petitioner - Appellant, v. MICHAEL BELL, Respondent - Appellee.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Roger court's order Lee Deal, Sr., as seeks to appeal 28 the district 2254 dismissing successive his U.S.C. (2006) petition and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

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