Green v. McCabe , 192 F. App'x 192 ( 2006 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-7977
    ISA GREEN,
    Petitioner - Appellant,
    versus
    SHERWOOD R. MCCABE, Superintendent of Harnett
    Correctional Institution,
    Respondent - Appellee.
    Appeal from the United States District      Court for the Middle
    District of North Carolina, at Durham.       James A. Beaty, Jr.,
    District Judge. (CA-05-67-1)
    Submitted: July 25, 2006                        Decided: July 31, 2006
    Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Isa Green, Appellant Pro Se. Clarence Joe DelForge, III, NORTH
    CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Isa Lamont Green seeks to appeal the district court’s
    order accepting the recommendation of the magistrate judge and
    denying relief on his 
    28 U.S.C. § 2254
     (2000) petition.           The order
    is not appealable unless a circuit justice or judge issues a
    certificate of appealability.        
    28 U.S.C. § 2253
    (c)(1) (2000).          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 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484
    (2000); Rose v. Lee, 
    252 F.3d 676
    , 683-84 (4th Cir. 2001).          We have
    independently reviewed the record and conclude that Green has not
    made the requisite showing.     Accordingly, we deny Green’s motion a
    certificate of appealability, deny leave to proceed in forma
    pauperis, and dismiss the appeal.       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
    - 2 -
    

Document Info

Docket Number: 05-7977

Citation Numbers: 192 F. App'x 192

Judges: Motz, Per Curiam, Traxler, Williams

Filed Date: 7/31/2006

Precedential Status: Non-Precedential

Modified Date: 8/7/2023