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Moore v. Hardy

United States Court of Appeals, Fourth Circuit
Dec 20, 2007
258 F. App'x 550 (4th Cir. 2007)

Opinion

No. 07-7319.

Submitted: December 13, 2007.

Decided: December 20, 2007.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, District Judge. (5:06-hc-02193).

Sebastian X. Moore, Appellant Pro Se. Clarence Joe DelForge, III, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Sebastian X. Moore 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. 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 Moore has not made the requisite showing. Accordingly, we deny the motion to prepare a transcript at government expense, deny the motion for sanctions, 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.


Summaries of

Moore v. Hardy

United States Court of Appeals, Fourth Circuit
Dec 20, 2007
258 F. App'x 550 (4th Cir. 2007)
Case details for

Moore v. Hardy

Case Details

Full title:Sebastian MOORE, Petitioner-Appellant, v. James HARDY…

Court:United States Court of Appeals, Fourth Circuit

Date published: Dec 20, 2007

Citations

258 F. App'x 550 (4th Cir. 2007)

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