Jimmy Rios v. Boyd Bennett

Filing 920100623

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6667 JIMMY D. RIOS, Petitioner - Appellant, v. BOYD BENNETT; RICK JACKSON, Respondents - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:08-cv-00094-GCM) Submitted: June 17, 2010 Decided: June 23, 2010 Before MOTZ and Circuit Judge. KING, Circuit Judges, and HAMILTON, Senior Dismissed by unpublished per curiam opinion. Jimmy D. Rios, Appellant Pro Se. Mary Carla Hollis, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jimmy D. Rios seeks to appeal the district court's orders denying relief on his 28 U.S.C. 2254 (2006) petition and his motion for reconsideration. unless a circuit justice See 28 or judge The order is not appealable issues a certificate (2006). absent of A "a appealability. certificate of U.S.C. 2253(c)(1) not issue appealability will substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2) (2006). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484 prisoner demonstrating district debatable reasonable of v. jurists the find court's or assessment Slack constitutional 529 U.S. wrong. McDaniel, (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. at 484-85. that We have Rios independently has not made reviewed the Slack, 529 U.S. the record and conclude 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 2 before the court and argument would not aid the decisional process. DISMISSED 3

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