Green v. South Carolina
Opinion
Dexter Green appeals from the dismissal of his 28 U.S.C. § 2254 (2000) petition by the district court and the denial of reconsideration of that order. An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit *577 judge or justice issues a certificate of appealability. 28 U.S.C. § 2253(c)(l)(2000). 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 prisoner satisfies 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, 336, 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 reviewed the record and determine that Green has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). 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 in the decisional process.
DISMISSED
Reference
- Full Case Name
- Dexter GREEN, Petitioner-Appellant, v. State of SOUTH CAROLINA; First Judicial Circuit of South Carolina; County of Orangeburg; Henry McMaster, Attorney General for the State of South Carolina, Respondents-Appellees
- Status
- Unpublished