Pierce v. McCabe , 61 F. App'x 882 ( 2003 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7869
    MARK PRESTON PIERCE,
    Petitioner - Appellant,
    versus
    SHERWOOD R. MCCABE,
    Respondent - Appellee.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. Frank W. Bullock, Jr.,
    District Judge. (CA-02-341)
    Submitted:   April 3, 2003                 Decided:   April 29, 2003
    Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Mark Preston Pierce, Appellant Pro Se.      Sandra Wallace-Smith,
    Assistant Attorney General, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Mark Preston Pierce, a state prisoner, seeks to appeal the
    district court’s order denying relief on his 
    28 U.S.C. § 2254
    (2000) petition.    An appeal may not be taken from the final order
    in a habeas corpus proceeding unless a circuit justice or judge
    issues a certificate of appealability.    See 
    28 U.S.C. § 2253
    (c)(1)
    (2000).    A certificate of appealability will not issue for claims
    addressed by a district court on the merits absent “a substantial
    showing of the denial of a constitutional right.”         
    28 U.S.C. § 2253
    (c)(2) (2000); see Rose v. Lee, 
    252 F.3d 676
    , 683 (4th Cir.),
    cert. denied, 
    534 U.S. 941
     (2001).    We have independently reviewed
    the record and conclude that Pierce has not made the requisite
    showing.      See Miller-El v. Cockrell, 
    123 S. Ct. 1029
     (2003).
    Accordingly, we deny a certificate of appealability, dismiss the
    appeal, and deny Pierce’s motions seeking in forma pauperis status
    and leave to file a formal brief as moot.     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: 02-7869

Citation Numbers: 61 F. App'x 882

Judges: Gregory, Hamilton, Niemeyer, Per Curiam

Filed Date: 4/29/2003

Precedential Status: Non-Precedential

Modified Date: 8/6/2023