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

DuDonis v. Hutchinson

DuDonis v. Hutchinson
U.S. Court of Appeals for the Fourth Circuit · Decided October 5, 2004 · Traxler, King, Shedd
109 F. App'x 648

DuDonis v. Hutchinson

Opinion

PER CURIAM.

Charles Lee DuDonis seeks to appeal the district court’s order denying his petition filed under 28 U.S.C. § 2254 (2000). The order is appealable only if a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(l)(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 his constitutional claims are debatable and that any dis-positive 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 DuDonis has not made the requisite showing. Accordingly, we deny DuDonis’ motion for 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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