UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7468
IAN AULDEN CAMPBELL,
Petitioner - Appellant,
v.
ROY A. COOPER, III; FREDERICK HUBBARD,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:07-hc-02201-BO)
Submitted: February 23, 2010 Decided: March 4, 2010
Before WILKINSON, KING, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ann Bach Petersen, GLOVER & PETERSEN, PA, Chapel Hill, North
Carolina, for Appellant. Clarence Joe DelForge, III, Assistant
Attorney General, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ian Aulden Campbell seeks to appeal the district
court’s orders denying relief on his 28 U.S.C. § 2254 (2006)
petition, and denying reconsideration of that order under Fed.
R. Civ. P. 59(e). 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
Campbell 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
2