Hargett v. Chester

U.S. Court of Appeals for the Fourth Circuit
Hargett v. Chester, 85 F. App'x 895 (4th Cir. 2004)

Hargett v. Chester

Opinion

PER CURIAM.

Andrew Hargett, Jr., seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2000) petition. Hargett cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and 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) (2000). A habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 326, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude Hargett 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 ade *896 quately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Andrew HARGETT, Jr., Petitioner-Appellant, v. David CHESTER, Respondent-Appellee
Status
Unpublished