Clark v. Bassett

U.S. Court of Appeals for the Fourth Circuit

Clark v. Bassett

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6049

CHRISTORA RAY CLARK,

Petitioner - Appellant,

versus

K. J. BASSETT, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-03-1104-AM)

Submitted: March 25, 2004 Decided: April 1, 2004

Before TRAXLER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christora Ray Clark, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Christora Ray Clark, a state prisoner, seeks to appeal

the district court’s order denying relief on his petition filed

under

28 U.S.C. § 2254

(2000). The order is not appealable unless

a circuit justice or judge issues a certificate of appealability.

28 U.S.C. § 2253

(c)(1) (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

(2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000); Rose v. Lee,

252 F.3d 676, 683

(4th Cir. 2001). We have independently reviewed

the record and conclude that Clark has not made the requisite

showing.

Accordingly, we deny Clark’s motion to proceed on appeal

in forma pauperis, 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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Reference

Status
Unpublished