Steven Albright v. Herb Jackson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
STEVEN LAVON ALBRIGHT, Petitioner - Appellant, v. HERB JACKSON, Superintendent, Respondent - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:08-cv-00233-WO-PTS)
December 15, 2009
December 22, 2009
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Steven Lavon Albright, Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Steven court's judge order and Lavon Albright the seeks to appeal of the district
recommendation his 28
petition. or judge
The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C.
§ 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
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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). We have
independently reviewed the record and conclude that Albright has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal
appealability oral argument
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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