Harold Boyd, Jr. v. Superintendant J. Haynes

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [998216032-3] Originating case number: 5:07-hc-02088-FL Copies to all parties and the district court/agency. [998380492] [09-7893]

Harold Boyd, Jr. v. Superintendant J. Haynes

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Case: 09-7893 Document: 17

Date Filed: 07/15/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7893 HAROLD BOYD, JR., Petitioner - Appellant, v. SUPERINTENDENT J. HAYNES, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:07-hc-02088-FL) Submitted: July 1, 2010 Decided: July 15, 2010

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Harold Boyd, Jr., Assistant Attorney Appellee. Appellant Pro Se. General Raleigh, Mary Carla Hollis, North Carolina, for

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 09-7893 Document: 17

Date Filed: 07/15/2010

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PER CURIAM: Harold Boyd, Jr., seeks to appeal the district court's orders denying relief on his 28 U.S.C. § 2254 (2006) petition. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C.

§ 2253(c)(1) (2006). issue absent "a

A certificate of appealability will not showing of the denial of a

substantial

constitutional right."

Id. § 2253(c)(2).

When the district

court has denied relief on the merits, a prisoner satisfies this standard by demonstrating that "reasonable jurists would find the district or court's wrong." assessment Slack v. of the constitutional 529 U.S. claims 484

debatable (2000).

McDaniel,

473,

When the district court has denied relief on procedural

grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Id.

We have independently reviewed the record and conclude Boyd has not made the requisite showing. Accordingly, we deny a

certificate of appealability and dismiss the appeal. deny the motion for a copy of the transcript at

We also Government

expense. legal

We dispense with oral argument because the facts and are adequately presented in the materials

contentions

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Case: 09-7893 Document: 17

Date Filed: 07/15/2010

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before

the

court

and

argument

would

not

aid

the

decisional

process. DISMISSED

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