Marvin Covington v. State of North Carolina

Filing 920090915

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6800 MARVIN J. COVINGTON, Plaintiff - Appellant, v. STATE OF NORTH CAROLINA, Rick Jackson Warden, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:09-cv-00020-GCM) Submitted: September 10, 2009 Decided: September 15, 2009 Before KING, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Marvin J. Covington, Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marvin court's order J. Covington relief seeks on his to 28 appeal U.S.C. the district (2006) denying 2254 petition. The order is not appealable unless a circuit justice See 28 U.S.C. or judge issues a certificate of appealability. 2253(c)(1) (2006). issue absent "a A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or substantial 28 constitutional prisoner reasonable right." this would by 2253(c)(2) by any (2006). satisfies jurists demonstrating assessment is of constitutional claims district court debatable wrong and that any dispositive procedural ruling by the district court is likewise debatable. See 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). have independently reviewed the record and conclude We that Covington has not made the requisite showing. Accordingly, we deny Covington's motion for a certificate of appealability and dismiss the appeal. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. DISMISSED 2

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