Zachary Hamlett v. Daniel Braxton
Filing
920091001
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-6621
ZACHARY HAMLETT, Petitioner - Appellant, v. DANIEL BRAXTON, Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:07-cv-00065-gec-mfu)
Submitted:
September 3, 2009
Decided:
October 1, 2009
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Zachary Hamlett, Appellant Pro Se. Robert H. Anderson, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Zachary Hamlett seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for
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 record (4th and Cir. 2001). that We have independently has not made reviewed the the
conclude
Hamlett
requisite
showing.
Accordingly, we deny a certificate of appealability We dispense with oral argument because
and dismiss the appeal.
the facts and legal contentions are adequately presented in the
2
materials
before
the
court
and
argument
would
not
aid
the
decisional process. DISMISSED
3
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