Michael Mchone, Jr. v. Theodis Beck, No. 09-7934 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7934 MICHAEL LANE MCHONE, JR., Petitioner Appellant, v. THEODIS BECK, Respondent Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:08-cv-00775-TDS-DPD) Submitted: July 26, 2010 Decided: August 19, 2010 Before GREGORY, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Lane Mchone, Jr., Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Lane Mchone, Jr., seeks to appeal the district court s judge order and denying petition. or judge accepting relief recommendation on his 28 of U.S.C. the § magistrate 2254 (2006) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1) (2006). issue the absent a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. of showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. 529 U.S. at 484-85. Slack, We have independently reviewed the record and conclude that Mchone has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed dispense in with forma pauperis, oral argument and dismiss because 2 the the appeal. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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