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    King v. Smith, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit dismissed Timothy Royal King's appeal of the district court's denial of his Rule 60(b) motion for reconsideration of the denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that King had not made a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As a result, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    King v. Smith, 4th Cir. (2008)

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    6 views3 pages
    The United States Court of Appeals for the Fourth Circuit dismissed Timothy Royal King's appeal of the district court's denial of his Rule 60(b) motion for reconsideration of the denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that King had not made a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As a result, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2008-11-21 Precedential Status: Non-Precedential Docket: 08-7662

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    The United States Court of Appeals for the Fourth Circuit dismissed Timothy Royal King's appeal of the district court's denial of his Rule 60(b) motion for reconsideration of the denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that King had not made a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As a result, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    6 views3 pages

    King v. Smith, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Timothy Royal King's appeal of the district court's denial of his Rule 60(b) motion for reconsideration of the denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that King had not made a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As a result, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-7662

    TIMOTHY ROYAL KING,


    Petitioner Appellant,
    v.
    ROBERT SMITH,
    CAROLINA,

    Superintendent;

    ATTORNEY

    GENERAL

    OF

    NORTH

    Respondents Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    W. Earl Britt, Senior
    District Judge. (5:01-hc-00440-BR)

    Submitted:

    November 13, 2008

    Decided:

    November 21, 2008

    Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Timothy Royal King, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Timothy
    courts

    order

    Royal

    denying

    King

    his

    seeks

    Fed.

    R.

    to

    appeal

    Civ.

    P.

    the

    60(b)

    district

    motion

    for

    reconsideration of the district courts order denying relief on


    his

    28

    U.S.C.

    appealable

    2254

    unless

    (2000)

    petition.

    circuit

    justice

    certificate of appealability.
    Reid

    v.

    Angelone,

    A certificate

    of

    369

    The
    or

    order

    judge

    is

    not

    issues

    28 U.S.C. 2253(c)(1) (2000);

    F.3d

    363,

    appealability

    will

    369
    not

    (4th

    Cir.

    issue

    2004).

    absent

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2000).

    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.

    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).

    conclude

    We

    that

    have

    King

    independently
    has

    not

    made

    reviewed
    the

    the

    record

    requisite

    and

    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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