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Husketh v. Kenworthy

United States Court of Appeals, Fourth Circuit
Sep 14, 2007
241 F. App'x 961 (4th Cir. 2007)

Opinion

No. 07-6697.

Submitted: September 11, 2007.

Decided: September 14, 2007.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., District Judge. (1:06-cv-00382-NCT).

Douglas Lee Husketh, Jr., Appellant Pro Se.

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Douglas Lee Husketh, Jr., 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 Husketh has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny his motions to supplement the record on appeal and for appointment of successor respondent, 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

Husketh v. Kenworthy

United States Court of Appeals, Fourth Circuit
Sep 14, 2007
241 F. App'x 961 (4th Cir. 2007)
Case details for

Husketh v. Kenworthy

Case Details

Full title:Douglas Lee HUSKETH, Jr., Petitioner — Appellant, George KENWORTHY…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 14, 2007

Citations

241 F. App'x 961 (4th Cir. 2007)