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

Parham v. Sheriff, Riverside Jail

Parham v. Sheriff, Riverside Jail
U.S. Court of Appeals for the Fourth Circuit · Decided October 20, 2004 · Motz, Traxler, Shedd
111 F. App'x 677

Parham v. Sheriff, Riverside Jail

Opinion

PER CURIAM:

Duane Antonio Parham, a Virginia inmate, seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). 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 cei'tificate 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, 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 Par-ham has not made the requisite showing. Accordingly, we deny a certificate of ap *678 pealability 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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