Allen v. Mitchell, (4th Cir. 2003)
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UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 03-6712 CALVIN O’NEIL ALLEN, Petitioner - Appellant, versus
DAVID MITCHELL, Superintendent, Mountain View
Correctional Institution; ROY COOPER, Attorney
General for the State of North Carolina, Respondents - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Chief
District Judge. (CA-00-99-1-MU)
Submitted: August 6, 2003 Decided: August 25, 2003
Before WIDENER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Calvin O’Neil Allen, Appellant Pro Se. Clarence Joe DelForge, III,
OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM
Calvin O’Neil Allen seeks to appeal the district court’s order dismissing his 28 U.S.C. 2254 (2000) petition. Allen cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and 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 habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, , 123 S. Ct. 1029, 1039 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir.), cert. denied ,
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 before the court and argument would not aid the decisional process. DISMISSED
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2254 - Sec. 2254. State custody; remedies in Federal courts
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2253 - Sec. 2253. Appeal
- U.S. Supreme Court - Miller-El v. Cockrell, 537 U.S. 322 (2003)
- U.S. Supreme Court - Slack v. McDaniel, 529 U.S. 473 (2000)
- U.S. Court of Appeals for the Fourth Circuit - John Hardy Rose, Petitioner-Appellant, v. R. C. Lee, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee. John Hardy Rose, Petitioner-Appellee, v. R. C. Lee, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellant.
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