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Calvert v. Smith

United States Court of Appeals, Fourth Circuit
Jun 20, 2007
230 F. App'x 295 (4th Cir. 2007)

Opinion

No. 07-6057.

Submitted: June 15, 2007.

Decided: June 20, 2007.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:06-cv-00143-MU).

Hayden Calvert, Appellant Pro Se. Roy Cooper, Attorney General, Raleigh, North Carolina, for Appellee.

Before WIDENER, MICHAEL, and KING, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Hayden Calvert seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2000) motion. 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 Calvert has not made the requisite showing. Accordingly, we deny Calvert's motion for 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

Calvert v. Smith

United States Court of Appeals, Fourth Circuit
Jun 20, 2007
230 F. App'x 295 (4th Cir. 2007)
Case details for

Calvert v. Smith

Case Details

Full title:Hayden CALVERT, Petitioner-Appellant, v. Lewis SMITH, Superintendent…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 20, 2007

Citations

230 F. App'x 295 (4th Cir. 2007)