Aaron Pretty, Jr. v. David Mitchell
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
June 18, 2009
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
recommendation prejudice The his
magistrate § 2254
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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