Ferrell v. Warden, Dillwyn Correctional Center
Opinion
Robert J. Ferrell appeals from the dismissal without prejudice of his 28 U.S.C. § 2254 (2000) petition and the denial of his subsequent motion for reconsideration for failure to comply with a court order. An appeal may not be taken from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of *103 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 jurists of reason 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 reviewed the record and conclude that Ferrell has not made the requisite showing. We, therefore, 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 in the decisional process.
DISMISSED
Reference
- Full Case Name
- Robert J. FERRELL, Plaintiff—Appellant, v. WARDEN, DILLWYN CORRECTIONAL CENTER, Defendant—Appellee
- Status
- Unpublished