Bobby Roddy v. Evelyn Seifert

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998585282-2] Originating case number: 2:10-cv-00888 Copies to all parties and the district court/agency. [998645470]. Mailed to: Roddy. [11-6437]

Appeal: 11-6437

Document: 9

Date Filed: 08/02/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6437

BOBBY EUGENE RODDY,
Petitioner - Appellant,
v.
EVELYN SEIFERT, Warden, Northern Correctional Facility,
Respondent - Appellee,
and
DAVID BALLARD, Warden,
Respondent.

Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
John T. Copenhaver,
Jr., District Judge. (2:10-cv-00888)

Submitted:

July 28, 2011

Decided:

August 2, 2011

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bobby Eugene Roddy, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6437

Document: 9

Date Filed: 08/02/2011

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PER CURIAM:
Bobby Eugene Roddy, a state prisoner, seeks to appeal
the district court’s order accepting the recommendation of the
magistrate judge and denying relief on his 28 U.S.C.A. § 2241
(West 2006 & Supp. 2011) petition.
unless

a

circuit

appealability.

justice

or

The order is not appealable

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2006).

certificate

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

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

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
is

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

Roddy has not made the requisite showing.

and

conclude

that

Accordingly, we deny

Roddy’s motion for appointment of counsel, deny a certificate of
appealability, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately
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Appeal: 11-6437

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

DISMISSED

3