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Fredrick v. Beck

United States Court of Appeals, Fourth Circuit
Jan 28, 2008
262 F. App'x 540 (4th Cir. 2008)

Opinion

No. 07-7558.

Submitted: January 17, 2008.

Decided: January 28, 2008.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:07-cv-00303-GCM).

Ralph Franklin Fredrick, Appellant Pro Se.

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Ralph Franklin Fredrick seeks to appeal the district court's order dismissing his 28 U.S.C. § 2254 (2000) petition as successive. 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, 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 Fredrick has not made the requisite showing. Accordingly, we deny Fredrick'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

Fredrick v. Beck

United States Court of Appeals, Fourth Circuit
Jan 28, 2008
262 F. App'x 540 (4th Cir. 2008)
Case details for

Fredrick v. Beck

Case Details

Full title:Ralph Franklin FREDRICK, Petitioner-Appellant, v. Theodis BECK, Department…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jan 28, 2008

Citations

262 F. App'x 540 (4th Cir. 2008)