Anthony Daye v. Alvin Keller
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
ANTHONY DEWAYNE DAYE, Petitioner - Appellant, v. ALVIN KELLER, Respondent - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:09-cv-00134-GCM)
March 30, 2010
April 6, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Dewayne Daye, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Anthony court's order Dewayne Daye seeks his to 28 appeal U.S.C. the district (2006)
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
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. 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 Daye has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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