Bright v. Wright

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-7605

WINFRED R. BRIGHT,

Petitioner – Appellant,

v.

EDWARD WRIGHT, Warden,

Respondent – Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:07-cv-00099-TSE-BRP)

Submitted: December 29, 2008 Decided: January 13, 2009

Before WILLIAMS, Chief Judge, and MOTZ and DUNCAN, Circuit
Judges.

Dismissed by unpublished per curiam opinion.

Winfred R. Bright, Appellant Pro Se. Susan Mozley Harris,
Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Winfred R. Bright seeks to appeal the district court’s

order denying his Fed. R. Crim. P. 36 motion and Fed. R. Civ. P.

60(b) motion for reconsideration of 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 Bright 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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