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Hamilton v. Arthur, 07-7008 (2008)

Court: Court of Appeals for the Fourth Circuit Number: 07-7008 Visitors: 40
Filed: Apr. 03, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7008 CHRISTOPHER GEORGE HAMILTON, Petitioner - Appellant, v. H. R. ARTHUR, SR., Warden, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:06-cv-00682-jlk) Submitted: March 21, 2008 Decided: April 3, 2008 Before WILKINSON and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge. Dismissed by unpublished per cur
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                              UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                              No. 07-7008



CHRISTOPHER GEORGE HAMILTON,

                Petitioner - Appellant,

          v.


H. R. ARTHUR, SR., Warden,

                Respondent - Appellee.



Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.   Jackson L. Kiser, Senior
District Judge. (7:06-cv-00682-jlk)


Submitted:   March 21, 2008                 Decided:   April 3, 2008


Before WILKINSON and SHEDD, Circuit Judges, and WILKINS, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Christopher George Hamilton, Appellant Pro Se. Josephine Frances
Whalen, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Christopher George Hamilton 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 that Hamilton has

not made the requisite showing. Accordingly, we deny a certificate

of appealability and dismiss the appeal. We deny Hamilton’s motion

for leave to proceed in forma pauperis and 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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