James Walton Hammond, Jr. v. Theodis Beck; Robert Lee

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7629
JAMES WALTON HAMMOND, JR.,
Petitioner – Appellant,
v.
THEODIS BECK; ROBERT LEE,
Respondents – Appellees,
and
STATE OF NORTH CAROLINA,
Respondent.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence C. Boyle,
District Judge. (5:07-HC-02108-BO)
Submitted: January 13, 2009 Decided: January 16, 2009
Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
James Walton Hammond, Jr., Appellant Pro Se. Mary Carla Hollis,
Assistant Attorney General, Raleigh, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James Walton Hammond, Jr., seeks to appeal the
district court’s order 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. See
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. See 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).
We have independently reviewed the record and conclude that
Hammond 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

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