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

United States v. Bunn

United States v. Bunn
U.S. Court of Appeals for the Fourth Circuit · Decided June 28, 2004 · Niemeyer, Traxler, Shedd
101 F. App'x 411

United States v. Bunn

Opinion

PER CURIAM:

Kermit Wayne Bunn moves for a certificate of appealability to challenge the district court’s denial of his petition for a certificate of appealability from its order denying his 28 U.S.C. § 2255 (2000) motion. 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 Bunn has not made the requisite showing. Accordingly, we deny Bunn’s motion 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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