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Krider v. Beck, 04-6814 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 04-6814 Visitors: 32
Filed: Oct. 14, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6814 TAMANCHIES LAKEWONDO KRIDER, Petitioner - Appellant, versus THEODIS BECK, North Carolina Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-03-430-1) Submitted: October 7, 2004 Decided: October 14, 2004 Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges. Dismissed by unpublished
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                               UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                               No. 04-6814



TAMANCHIES LAKEWONDO KRIDER,

                                                Petitioner - Appellant,

          versus


THEODIS BECK, North Carolina Department of
Corrections,

                                                 Respondent - Appellee.



Appeal from the United States District           Court for the Middle
District of North Carolina, at Durham.            James A. Beaty, Jr.,
District Judge. (CA-03-430-1)


Submitted:   October 7, 2004                 Decided:   October 14, 2004


Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Tamanchies Lakewondo Krider, Appellant Pro Se. Clarence Joe
DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

           Tamanchies Lakewondo Krider seeks to appeal the district

court’s order accepting the recommendation of the magistrate judge

and denying relief on her petition filed under 28 U.S.C. § 2254

(2000).   An appeal may not be taken from the final order in a

§ 2254 proceeding 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    her

constitutional    claims   are   debatable   and    that    any     dispositive

procedural rulings by the district court are also debatable or

wrong.    See Miller-El v. Cockrell, 
537 U.S. 322
, 336 (2003);

Slack v. McDaniel, 
529 U.S. 473
, 484 (2000); Rose v. Lee, 
252 F.3d 676
, 683 (4th Cir. 2001).          We have independently reviewed the

record and conclude that Krider has not made the requisite showing.

Accordingly, we deny Krider’s motion for appointment of counsel,

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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Source:  CourtListener

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