Filed: Jun. 26, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7993 ROBERT L. EDWARDS, Petitioner - Appellant, versus EDDIE LEE PEARSON, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:06-cv-00943-JCC) Submitted: June 21, 2007 Decided: June 26, 2007 Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert L. Edwar
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7993 ROBERT L. EDWARDS, Petitioner - Appellant, versus EDDIE LEE PEARSON, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:06-cv-00943-JCC) Submitted: June 21, 2007 Decided: June 26, 2007 Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert L. Edward..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7993
ROBERT L. EDWARDS,
Petitioner - Appellant,
versus
EDDIE LEE PEARSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:06-cv-00943-JCC)
Submitted: June 21, 2007 Decided: June 26, 2007
Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert L. Edwards, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert L. Edwards seeks to appeal the district court’s
order entered November 9, 2006, 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 (2003); Slack v.
McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683-
84 (4th Cir. 2001). We have independently reviewed the record and
conclude that Edwards has not made the requisite showing. The
district court has vacated its November 9, 2006, order.
Accordingly, we deny a certificate of appealability and dismiss
this appeal as moot. 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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