Francis McFadden v. George Snyder

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-hc-02004-D Copies to all parties and the district court/agency. [998491960] [10-7011]

Francis McFadden v. George Snyder

Doc. 0

Case: 10-7011 Document: 14

Date Filed: 12/28/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7011 FRANCIS HEMPSTON MCFADDEN, Petitioner - Appellant, v. GEORGE SNYDER, Warden, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:09-hc-02004-D) Submitted: December 16, 2010 Decided: December 28, 2010

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Francis Hempston McFadden, Appellant Pro Se. William E.H. Creech, Joshua Bryan Royster, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina; Christina Ann Kelley, BUREAU OF PRISONS, Butner, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-7011 Document: 14

Date Filed: 12/28/2010

Page: 2

PER CURIAM: Francis Hempston McFadden, a District of Columbia

prisoner housed in North Carolina, seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition. a circuit justice or The order is not appealable unless judge issues a certificate of

appealability.

28 U.S.C. § 2253(c)(1) (2006).

A certificate of

appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2006). prisoner reasonable 28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a satisfies jurists this would standard find that by the demonstrating district that

court's

assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief both on procedural the When the district court the prisoner ruling must is

grounds,

demonstrate

that

dispositive

procedural

debatable, and that the petition states a debatable claim of the denial of a constitutional right. We have independently reviewed the Slack, 529 U.S. at 484-85. record and conclude that

McFadden has not made the requisite showing.

Accordingly, we We

deny a certificate of appealability and dismiss the appeal. dispense with oral argument because the facts and

legal

2

Case: 10-7011 Document: 14

Date Filed: 12/28/2010

Page: 3

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

DISMISSED

3