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Alford v. Beck, 06-6676 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 06-6676 Visitors: 33
Filed: Oct. 04, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6676 MATTHEW OLIVER ALFORD, Petitioner - Appellant, versus THEODIS BECK, Secretary of Corrections; GEORGE KENWORTHY, Superintendent, Lumberton Correctional Institution, Respondents - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:06-cv-00095) Submitted: September 10, 2007 Decided: October 4, 2007 Before KING and DU
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 06-6676



MATTHEW OLIVER ALFORD,

                                             Petitioner - Appellant,

          versus


THEODIS BECK, Secretary of Corrections; GEORGE
KENWORTHY,     Superintendent,      Lumberton
Correctional Institution,

                                            Respondents - Appellees.


Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Graham C. Mullen, Senior
District Judge. (1:06-cv-00095)


Submitted:   September 10, 2007            Decided:   October 4, 2007


Before KING and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit
Judge.


Dismissed by unpublished per curiam opinion.


Matthew Oliver Alford, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

            Matthew    Oliver   Alford     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 (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 Alford 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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Source:  CourtListener

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