Mark Preston Pierce v. Sherwood R. McCabe

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7869
MARK PRESTON PIERCE,
Petitioner - Appellant,
versus
SHERWOOD R. MCCABE,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Frank W. Bullock, Jr.,
District Judge. (CA-02-341)
Submitted: April 3, 2003 Decided: April 29, 2003
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mark Preston Pierce, Appellant Pro Se. Sandra Wallace-Smith,
Assistant Attorney General, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Mark Preston Pierce, a state prisoner, seeks to appeal the
district court’s order denying relief on his 28 U.S.C. § 2254
(2000) petition. An appeal may not be taken from the final order
in a habeas corpus proceeding unless a circuit justice or judge
issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)
(2000). A certificate of appealability will not issue for claims
addressed by a district court on the merits absent “a substantial
showing of the denial of a constitutional right.” 28 U.S.C.
§ 2253(c)(2) (2000); see Rose v. Lee, 252 F.3d 676, 683 (4th Cir.),
cert. denied, 534 U.S. 941 (2001). We have independently reviewed
the record and conclude that Pierce has not made the requisite
showing. See Miller-El v. Cockrell, 123 S. Ct. 1029 (2003).
Accordingly, we deny a certificate of appealability, dismiss the
appeal, and deny Pierce’s motions seeking in forma pauperis status
and leave to file a formal brief as moot. 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

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