John Bobo v. George Snyder, No. 10-6525 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6525 JOHN ERIC BOBO, Petitioner - Appellant, v. GEORGE E. SNYDER, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:08-hc-02138-BO) Submitted: July 22, 2010 Decided: August 2, 2010 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. John Eric Bobo, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Eric Bobo, a state prisoner, seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition. unless a circuit appealability. justice or The order is not appealable judge issues a 28 U.S.C. § 2253(c)(1) (2006). certificate of A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district that court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief demonstrate on both procedural that the When the district court grounds, dispositive the prisoner procedural ruling must is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Bobo has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. deny Bobo s motion to supplement the record. oral argument because the facts 2 and legal We also We dispense with contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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