Dean Prue, Jr. v. James Smith

Filing 920090730

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6609 DEAN L. PRUE, JR., Petitioner - Appellant, v. JAMES SMITH, Warden; THE ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:07-cv-00665-CCB) Submitted: July 23, 2009 Decided: July 30, 2009 Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Dean L. Prue, Jr., Appellant Pro Se. James Everett Williams, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dean court's order L. Prue, Jr., Fed. seeks R. to Civ. appeal P. the district for denying his 60(b) motion reconsideration of the district court's order denying relief on his 28 U.S.C. 2254 a (2006) circuit petition. justice or The order is not a appealable unless judge issues certificate of appealability. Reid v. Angelone, of 369 F.3d 28 U.S.C. 2253(c)(1) (2006); 363, will 369 not (4th issue Cir. 2004). "a A certificate appealability absent 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. 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). that We have independently has not made reviewed the the record and conclude Prue requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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