Aaron Pretty, Jr. v. David Mitchell

Filing 920090625

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6758 AARON S. PRETTY, JR., Petitioner - Appellant, v. DAVID MITCHELL, Superintendent of Mountain View Correctional Institution; STATE OF NORTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Jr., District Judge. (1:09-cv-00140-WO-PTS) Submitted: June 18, 2009 Decided: June 25, 2009 Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Aaron S. Pretty, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Aaron court's judge (2006) unless order S. Petty, Jr., seeks to appeal of 28 is a the district accepting the recommendation prejudice The his the magistrate 2254 and dismissing as without U.S.C. not petition a successive. or order issues appealable of circuit justice judge certificate appealability. 28 U.S.C. 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2006). 28 U.S.C. 2253(c)(2) A prisoner satisfies this standard by demonstrating that reasonable jurists would find 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). We have independently reviewed the record and conclude that Pretty has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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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