U.S. Court of Appeals for the Fourth Circuit, 2008

Carden v. Davis

Carden v. Davis
U.S. Court of Appeals for the Fourth Circuit · Decided July 11, 2008 · Michael, Shedd, Hamilton
284 F. App'x 91

Carden v. Davis

Opinion

PER CURIAM:

Nicholas E. Carden moves for a certificate of appealability, seeking to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Carden has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauper-is, and dismiss the appeal. In addition, we deny Carden’s motions for appointment of counsel and for relief audita querela, his “Motion to Request Order from Court to Consider Petition,” and all other pending motions. 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.

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