Filed: Jun. 26, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7690 RUDOLPH JEROME WILLIAMS, Petitioner - Appellant, v. LARRY DAIL, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:07-hc-02142-FL) Submitted: June 22, 2009 Decided: June 26, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Rudolph Jerome Williams, App
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7690 RUDOLPH JEROME WILLIAMS, Petitioner - Appellant, v. LARRY DAIL, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:07-hc-02142-FL) Submitted: June 22, 2009 Decided: June 26, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Rudolph Jerome Williams, Appe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7690
RUDOLPH JEROME WILLIAMS,
Petitioner - Appellant,
v.
LARRY DAIL,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
Chief District Judge. (5:07-hc-02142-FL)
Submitted: June 22, 2009 Decided: June 26, 2009
Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rudolph Jerome Williams, Appellant Pro Se. Mary Carla Hollis,
Assistant Attorney General, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rudolph Jerome Williams seeks to appeal the district
court’s order denying his Fed. R. Civ. P. 60(b) motion for
reconsideration of the district court’s order denying relief on
his 28 U.S.C. § 2254 (2006) petition. The order is not
appealable unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006);
Reid v. Angelone,
369 F.3d 363, 369 (4th Cir. 2004).
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) (2006). 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 Williams has not made the requisite
showing. Accordingly, we deny Williams’ motion for 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
2