Deron Flood v. Butch Jackson

Filing 920100322

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7782 DERON ANDRONE FLOOD, Petitioner Appellant, v. BUTCH JACKSON, Superintendent, Respondent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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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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