UNPUBLISHED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: May 27, 2009
Before MOTZ, TRAXLER, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roger Lee Deal, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Roger Lee Deal, Sr., seeks to appeal the district
court’s order dismissing as successive his 28 U.S.C. § 2254
(2006) petition and the court’s subsequent order denying his
request for a certificate of appealability. The orders are not
appealable unless a circuit justice or judge issues a
certificate of appealability. See 28 U.S.C. § 2253(c)(1)
(2006). 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. 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. 2001). We have independently reviewed the
record and conclude that Deal has not made the requisite
showing. 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