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McNeill v. Kenworthy, 4th Cir. (2008)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Cory Lee McNeill, a state prisoner seeking relief under 28 U.S.C. § 2254. The court denies McNeill a certificate of appealability, finding he did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court dispenses with oral argument and dismisses the appeal.

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27 views2 pages

McNeill v. Kenworthy, 4th Cir. (2008)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Cory Lee McNeill, a state prisoner seeking relief under 28 U.S.C. § 2254. The court denies McNeill a certificate of appealability, finding he did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court dispenses with oral argument and dismisses the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 07-7104

CORY LEE MCNEILL,


Petitioner - Appellant,
versus
GEORGE KENWORTHY,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C Dever III,
District Judge. (5:06-hc-02177-D)

Submitted:

December 19, 2007

Decided:

January 22, 2008

Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cory Lee McNeill, Appellant Pro Se. Clarence Joe DelForge, III,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Cory Lee McNeill, a state prisoner, seeks to appeal the
district courts order denying relief on his petition filed under
28 U.S.C. 2254 (2000).

An appeal may not be taken from the final

order in a 2254 proceeding unless a circuit justice or judge


issues a certificate of appealability.
(2000).

28 U.S.C. 2253(c)(1)

A certificate of appealability will not issue for claims

addressed by a district court 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 both that the district courts assessment of his
constitutional

claims

is

debatable

or

wrong

and

that

any

dispositive procedural rulings by the district court are also


debatable or wrong.

See Miller-El v. Cockrell, 537 U.S. 322, 338

(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683 (4th Cir. 2001).

We have independently reviewed

the record and conclude that McNeill has not made the requisite
showing.

Accordingly, we deny a certificate of appealability and

dismiss the appeal.


facts

and

materials

legal
before

We dispense with oral argument because the

contentions
the

court

are

adequately

and

argument

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

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