Carl Lyons v. Superintendent Kornegay, No. 13-7429 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7429 CARL EDWARD LYONS, Petitioner - Appellant, v. SUPERINTENDENT KORNEGAY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:11-hc-02165-F) Submitted: January 7, 2014 Decided: February 5, 2014 Before NIEMEYER, MOTZ, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Carl Edward Lyons, Assistant Attorney Appellee. Appellant Pro Se. General, Raleigh, Mary Carla Hollis, North Carolina, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Carl Edward Lyons seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate § 2253(c)(1)(A) (2012). issue absent a district appealability. court See 28 U.S.C. A certificate of appealability will not substantial constitutional right. the of showing of the Id. § 2253(c)(2) (2012). denies relief on the denial of a When, as here, merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court s assessment constitutional claims is debatable or wrong. of the Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). We have independently reviewed the record and conclude that Lyons has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 2

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