Cheeseboro v. Cartledge

U.S. Court of Appeals for the Fourth Circuit
Cheeseboro v. Cartledge, 360 F. App'x 450 (4th Cir. 2010)

Cheeseboro v. Cartledge

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Felix Cheeseboro seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appeal-ability. See 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.” 28 U.S.C. § 2253(c)(2) (2006). 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. See 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 Cheeseboro 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 be *451 fore the court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
Felix CHEESEBORO, Petitioner-Appellant, v. Leroy CARTLEDGE, Acting Warden of McCormick Correctional Institution, Respondent-Appellee, and Jeffrey Bloom; Tony Axam; Bill Nettles; Ross Hall, Respondents
Status
Unpublished