James Pipes v. David Ballard

Filing 920100428

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6029 JAMES FRANKLIN PIPES, Petitioner Appellant, v. DAVID BALLARD, Warden, Respondent Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:09-cv-00037-REM-JSK) Submitted: April 22, 2010 Decided: April 28, 2010 Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. James Franklin Pipes, Appellant Pro Se. Deputy Attorney General, Charleston, Appellee. Dawn Ellen Warfield, West Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James court's judge order Franklin accepting Pipes the on seeks to appeal of the the district recommendation Pipes' 28 magistrate (2006) and denying relief U.S.C. 2254 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 of the denial A of a substantial 28 constitutional right." U.S.C. 2253(c)(2). prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or 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, 484-85 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Pipes has not made the requisite showing. certificate dispense of Accordingly, we deny Pipes' motion for a and dismiss the the appeal. and We legal appealability oral argument with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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