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

Addison v. South Carolina

Addison v. South Carolina
U.S. Court of Appeals for the Fourth Circuit · Decided September 3, 2004 · Widener, Shedd, Hamilton
108 F. App'x 115

Addison v. South Carolina

Opinion

PER CURIAM:

James Calvin Addison seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). 1 The order is not appealable un *116 less 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, 336-38, 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 Addison 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

1

. We note that the district court's dismissal was without prejudice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.