Timothy King v. Robert Smith, No. 08-7662 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7662 TIMOTHY ROYAL KING, Petitioner Appellant, v. ROBERT SMITH, CAROLINA, Superintendent; ATTORNEY GENERAL OF NORTH Respondents Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:01-hc-00440-BR) Submitted: November 13, 2008 Decided: November 21, 2008 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Timothy Royal King, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy court s order Royal denying King his seeks Fed. R. to appeal Civ. P. the 60(b) district motion for reconsideration of the district court s order denying relief on his 28 U.S.C. appealable § 2254 unless (2000) circuit a petition. justice certificate of appealability. Reid v. Angelone, A certificate of 369 The or order judge is not issues a 28 U.S.C. § 2253(c)(1) (2000); F.3d 363, appealability will 369 not (4th Cir. issue 2004). absent a substantial showing of the denial of a constitutional right. 28 U.S.C. standard § 2253(c)(2) by (2000). demonstrating that A prisoner reasonable satisfies jurists would this 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). conclude We that have King independently has not made reviewed the the record requisite and 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 2 before the court and argument would not aid the decisional process. DISMISSED 3

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