Campbell v. United States of America, No. 5:2007cv00120 - Document 191 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER: The Court DENIES a certificate of appealability as to Ricky Campbell. Signed by Judge David A. Faber on 4/26/2010. (cc: attys; 4CCA; any unrepresented party) (mls)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY RICKY B. CAMPBELL, Movant, v. CIVIL ACTION NO. 5:07-0120 Criminal No. 5:05-00013 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER In its April 14, 2010, Order, the Fourth Circuit Court of Appeals remanded this matter for the limited purpose of permitting the court to grant or deny a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(1). 189.) (Doc. No. Pursuant to § 2253(c)(2), a certificate will not be granted unless there is a substantial showing of the denial of a constitutional right. Id. § 2253(c)(2). The standard is satisfied only upon a showing that reasonable jurists would find that any assessment of the constitutional claims by this court is debatable or wrong and that any dispositive procedural ruling 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). The court concludes that the governing standard is not satisfied in this instance. Accordingly, the court DENIES a certificate of appealability. The Clerk is directed to transmit copies of this Memorandum Opinion and Order to the Clerk of the Fourth Circuit Court of Appeals, to counsel of record, and to any unrepresented party. It is SO ORDERED this 26th day of April, 2010. ENTER: David A. Faber Senior United States District Judge -2-

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