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Daye v. Keller, 4th Cir. (2010)
Daye v. Keller, 4th Cir. (2010)
No. 10-6033
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Graham C. Mullen,
Senior District Judge. (5:09-cv-00134-GCM)
Submitted:
Decided:
April 6, 2010
PER CURIAM:
Anthony
courts
order
petition.
Dewayne
denying
Daye
relief
seeks
on
to
his
28
appeal
U.S.C.
2253(c)(1) (2006).
absent
constitutional
prisoner
district
2254
(2006)
issue
the
substantial
right.
satisfies
reasonable
jurists
constitutional
See 28 U.S.C.
28
this
would
claims
by
showing
U.S.C.
the
the
denial
2253(c)(2)
standard
find
of
by
that
district
of
(2006).
demonstrating
any
assessment
court
is
a
A
that
of
the
debatable
or
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
of
with
appealability
oral
argument
and
Accordingly, we deny a
dismiss
because
the
the
appeal.
facts
and
We
legal
DISMISSED