Albert Brockman-El v. North Carolina Department of C

Filing 920100406

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6068 ALBERT FITZGERALD BROCKMAN-EL, Petitioner - Appellant, v. NORTH CAROLINA DEPARTMENT OF CORRECTIONS; ALVIN W. KELLER, Secretary of North Carolina Department of Corrections, Respondents - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Jr., District Judge. (1:09-cv-00633-WO-LPA) Submitted: March 30, 2010 Decided: April 6, 2010 Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Albert Fitzgerald Brockman-El, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Albert district court's Fitzgerald order Brockman-El the seeks to appeal of the the accepting recommendation magistrate judge and denying relief on his 28 U.S.C. 2254 (2006) petition. justice or judge The order is not appealable unless a circuit issues a certificate of appealability. 28 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 Brockman-El has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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