Ricky Murray v. E. Bazzle

Filing 920091203

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7401 RICKY LAFAYETTE MURRAY, Petitioner - Appellant, v. E. RICHARD BAZZLE, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. David C. Norton, Chief District Judge. (0:07-cv-03960-DCN) Submitted: November 19, 2009 Decided: December 3, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Ricky Lafayette Murray, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ricky Lafayette Murray 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 (4th Cir. 2001). that We have independently has not made reviewed the the record and conclude Murray requisite showing. Accordingly, we deny the motion to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal. dispense with oral argument because presented the in facts the and We legal contentions are adequately materials 2 before the court and argument would not aid the decisional process. DISMISSED 3

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