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  • Deal v. Bell, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit dismissed Roger Lee Deal, Sr.'s appeal of the district court's dismissal of his successive 28 U.S.C. § 2254 habeas corpus petition. The court also denied Deal's request for a certificate of appealability. The court determined that Deal did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. Therefore, the court dismissed Deal's appeals.

    Original Description:

    Filed: 2009-05-27 Precedential Status: Non-Precedential Docket: 08-8606

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    The United States Court of Appeals for the Fourth Circuit dismissed Roger Lee Deal, Sr.'s appeal of the district court's dismissal of his successive 28 U.S.C. § 2254 habeas corpus petition. The court also denied Deal's request for a certificate of appealability. The court determined that Deal did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. Therefore, the court dismissed Deal's appeals.

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    Public Domain
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    1 views3 pages

    Deal v. Bell, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Roger Lee Deal, Sr.'s appeal of the district court's dismissal of his successive 28 U.S.C. § 2254 habeas corpus petition. The court also denied Deal's request for a certificate of appealability. The court determined that Deal did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. Therefore, the court dismissed Deal's appeals.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8606

    ROGER LEE DEAL, SR.,


    Petitioner - Appellant,
    v.
    MICHAEL BELL,
    Respondent - Appellee.

    No. 09-6070

    ROGER LEE DEAL, SR.,


    Petitioner - Appellant,
    v.
    MICHAEL BELL,
    Respondent - Appellee.

    Appeals from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    Chief District Judge. (5:08-hc-02132-FL)

    Submitted:

    May 21, 2009

    Decided:

    Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    May 27, 2009

    Roger Lee Deal, Sr., Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Roger
    courts

    order

    Lee

    Deal,

    Sr.,

    dismissing

    as

    seeks

    to

    successive

    appeal

    his

    28

    the

    district

    U.S.C.

    2254

    (2006) petition and the courts subsequent order denying his


    request for a certificate of appealability.
    appealable

    unless

    certificate
    (2006).

    of

    circuit

    justice

    appealability.

    See

    The orders are not

    or

    28

    judge

    U.S.C.

    issues

    2253(c)(1)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2006).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this
    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.

    See

    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.

    record

    and

    conclude

    showing.

    2001).

    We

    that

    have

    Deal

    independently

    has

    not

    made

    reviewed
    the

    the

    requisite

    Accordingly, we deny a certificate of appealability

    and dismiss the appeals.

    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
    3

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