Roberts v. Virginia Department of Corrections

U.S. Court of Appeals for the Fourth Circuit
Roberts v. Virginia Department of Corrections, 91 F. App'x 288 (4th Cir. 2004)

Roberts v. Virginia Department of Corrections

Opinion

PER CURIAM:

Anthony Rumont Roberts, a state prisoner, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition, and a subsequent order denying his motion for reconsideration. An appeal may not be taken from the final order in a habeas corpus proceeding 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 for claims addressed by a district court 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 independently reviewed the record and conclude that Roberts 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 adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Anthony Rumont ROBERTS, Petitioner—Appellant, v. VIRGINIA DEPARTMENT OF CORRECTIONS, WARDEN, NOTTOWAY CORRECTIONAL CENTER, Respondent—Appellee
Status
Unpublished