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    Thompson v. Haynes, 4th Cir. (2007)

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    1) Roy Charles Thompson appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. 2) The Fourth Circuit Court of Appeals must issue a certificate of appealability for the appeal to proceed, requiring Thompson to demonstrate the denial of a constitutional right. 3) The Fourth Circuit independently reviewed the record and determined that Thompson did not make the requisite showing to receive a certificate of appealability. The appeal was therefore dismissed.

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    Thompson v. Haynes, 4th Cir. (2007)

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    1) Roy Charles Thompson appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. 2) The Fourth Circuit Court of Appeals must issue a certificate of appealability for the appeal to proceed, requiring Thompson to demonstrate the denial of a constitutional right. 3) The Fourth Circuit independently reviewed the record and determined that Thompson did not make the requisite showing to receive a certificate of appealability. The appeal was therefore dismissed.

    Original Description:

    Filed: 2007-08-21 Precedential Status: Non-Precedential Docket: 07-6313

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    1) Roy Charles Thompson appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. 2) The Fourth Circuit Court of Appeals must issue a certificate of appealability for the appeal to proceed, requiring Thompson to demonstrate the denial of a constitutional right. 3) The Fourth Circuit independently reviewed the record and determined that Thompson did not make the requisite showing to receive a certificate of appealability. The appeal was therefore dismissed.

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    Thompson v. Haynes, 4th Cir. (2007)

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    1) Roy Charles Thompson appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. 2) The Fourth Circuit Court of Appeals must issue a certificate of appealability for the appeal to proceed, requiring Thompson to demonstrate the denial of a constitutional right. 3) The Fourth Circuit independently reviewed the record and determined that Thompson did not make the requisite showing to receive a certificate of appealability. The appeal was therefore dismissed.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6313

    ROY CHARLES THOMPSON,


    Petitioner - Appellant,
    versus
    GRADY J. HAYNES,
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. James A. Beaty, Jr., Chief
    District Judge. (1:06-cv-00733-JAB)

    Submitted:

    August 3, 2007

    Decided:

    August 21, 2007

    Before MOTZ and TRAXLER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Roy Charles Thompson, 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:
    Roy Charles Thompson seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2000) petition.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

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

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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).

    We have

    independently reviewed the record and conclude that Thompson has


    not made the requisite showing.

    Accordingly, we deny leave to

    proceed in forma pauperis, deny Thompsons motion for a certificate


    of appealability, and dismiss the appeal.

    We also deny Thompsons

    motion for injunctive relief and for appointment of counsel.

    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 -

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