Robert Verbal v. Ricky Anderson

Filing 920100120

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6421 ROBERT ALEXANDER VERBAL, Petitioner - Appellant, v. RICKY ANDERSON, Administrator, Respondent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-00114-WO-WWD) Submitted: January 14, 2010 Decided: January 20, 2010 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Bruce Tracy Cunningham, Jr., Amanda Susan Zimmer, LAW OFFICES OF BRUCE T. CUNNINGHAM, JR., Southern Pines, North Carolina, for Appellant. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Alexander Verbal seeks to appeal the district court's judge order and accepting the recommendation his 28 of the magistrate (2006) denying relief on U.S.C. 2254 petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). issue absent "a A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or substantial 28 constitutional prisoner reasonable right." this would by 2253(c)(2) by any (2006). satisfies jurists demonstrating assessment is of 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 Verbal has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny Verbal's appealability and dismiss the We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional contentions the court would process. DISMISSED 2

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