U.S. Court of Appeals for the Fourth Circuit, 2004

Mears v. Lee

Mears v. Lee
U.S. Court of Appeals for the Fourth Circuit · Decided July 1, 2004 · Wilkinson, Niemeyer, Shedd
101 F. App'x 919

Mears v. Lee

Opinion

PER CURIAM.

William F. Mears seeks to appeal the district court’s denial of his 28 U.S.C. § 2254 (2000) petition. An appeal may not be taken from the final order in a § 2254 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 on the merits absent a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). 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). Upon review of the materials before the court, we conclude that Mears has not made the required 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 *920 presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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