Filed: Apr. 26, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6320 DAVID LEE HURT, Petitioner - Appellant, versus THOMAS MCBRIDE, Warden, Mt. Olive Correctional Complex, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:03-cv-00080-REM) Submitted: March 14, 2007 Decided: April 26, 2007 Before MOTZ, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam op
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6320 DAVID LEE HURT, Petitioner - Appellant, versus THOMAS MCBRIDE, Warden, Mt. Olive Correctional Complex, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:03-cv-00080-REM) Submitted: March 14, 2007 Decided: April 26, 2007 Before MOTZ, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6320
DAVID LEE HURT,
Petitioner - Appellant,
versus
THOMAS MCBRIDE, Warden, Mt. Olive Correctional
Complex,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert E. Maxwell, Senior
District Judge. (2:03-cv-00080-REM)
Submitted: March 14, 2007 Decided: April 26, 2007
Before MOTZ, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John B. Brooks, Morgantown, West Virginia, for Appellant. Dawn
Ellen Warfield, Colleen Anne Ford, OFFICE OF THE ATTORNEY GENERAL
OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Lee Hurt seeks to appeal the district court’s
orders accepting the recommendations of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2000) petition and on his
motion to amend. The orders are 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 Hurt has not
made the requisite showing. Accordingly, we 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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