Ronnie Hood v. Herb Jackson

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 5:10-hc-02008-FL Copies to all parties and the district court/agency. [998536814] [10-7747]

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Ronnie Hood v. Herb Jackson Doc. 0 Case: 10-7747 Document: 10 Date Filed: 03/03/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7747 RONNIE FRANKLYN HOOD, Petitioner - Appellant, v. HERB JACKSON, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:10-hc-02008-FL) Submitted: February 24, 2011 Decided: March 3, 2011 Before GREGORY, SHEDD, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronnie Franklyn Hood, Appellant Pro Se. Clarence Joe DelForge III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-7747 Document: 10 Date Filed: 03/03/2011 Page: 2 PER CURIAM: Ronnie Franklyn Hood seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. 2254 (2006) 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 of a substantial constitutional right." 28 U.S.C. 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. 529 U.S. at 484-85. and conclude that Slack, We have independently reviewed the record Hood has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials 2 Case: 10-7747 Document: 10 Date Filed: 03/03/2011 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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