Deron Flood v. Butch Jackson
Filing
920100322
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-7782
DERON ANDRONE FLOOD, Petitioner Appellant, v. BUTCH JACKSON, Superintendent, Respondent Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:08-hc-02068-H)
Submitted:
March 16, 2010
Decided:
March 22, 2010
Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Deron Androne Flood, 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Unpublished opinions are not binding precedent in this circuit.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: Deron court's order Androne denying Flood relief seeks on his to 28 appeal U.S.C. the district (2006)
§ 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). We
have independently reviewed the record and conclude that Flood has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny his and dismiss the
appealability
We dispense with oral argument because the facts and are and adequately argument presented not in the the materials decisional
contentions the court
would
aid
process. DISMISSED
2
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