Julius Edwards v. Roy Cooper

Filing 920100128

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-8057

JULIUS KEVIN EDWARDS, Petitioner - Appellant, v. ROY COOPER, Respondent - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:09-cv-00528-JAB-DPD)

Submitted:

January 19, 2010

Decided:

January 28, 2010

Before NIEMEYER, KING, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Julius Kevin Edwards, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Julius court's order Kevin Edwards the seeks to appeal of the district

accepting

recommendation

the

magistrate

judge and dismissing his 28 U.S.C. § 2254 (2006) petition as successive. justice or The judge order issues is a not appealable of unless a circuit 28

certificate

appealability.

U.S.C. § 2253(c)(1) (2006). not issue absent "a

A certificate of appealability will showing of the denial (2006). of a A that the or

substantial 28

constitutional prisoner reasonable

right." this would by

U.S.C. standard

§ 2253(c)(2) by any

satisfies jurists

demonstrating assessment is of

find the

that

constitutional

claims

district

court

debatable

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 Edwards has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal

certificate dispense

appealability oral argument

appeal. and

with

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED 2