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Bailey v. Wood

United States Court of Appeals, Fourth Circuit
Jul 20, 2007
234 F. App'x 121 (4th Cir. 2007)

Opinion

No. 07-6194.

Submitted: July 6, 2007.

Decided: July 20, 2007.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:05-cv-00561-JAB).

Bruce Tracy Cunningham, Jr., Law Office of Bruce T. Cunningham, Jr., Southern Pines, North Carolina, for Appellant. Clarence Joe DelForge, III, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Henry Marshall Bailey seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Bailey has not made the requisite 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 before the court and argument would not aid the decisional process.

DISMISSED.


Summaries of

Bailey v. Wood

United States Court of Appeals, Fourth Circuit
Jul 20, 2007
234 F. App'x 121 (4th Cir. 2007)
Case details for

Bailey v. Wood

Case Details

Full title:Henry Marshall BAILEY, Petitioner-Appellant, v. Don WOOD, Superintendent…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 20, 2007

Citations

234 F. App'x 121 (4th Cir. 2007)