Asby v. Warden, Wallens Ridge State Prison

U.S. Court of Appeals for the Fourth Circuit
Asby v. Warden, Wallens Ridge State Prison, 115 F. App'x 145 (4th Cir. 2004)

Asby v. Warden, Wallens Ridge State Prison

Opinion

PER CURIAM:

Paul Trevor Asby seeks to appeal the district court’s final order denying relief on his 28 U.S.C. § 2254 (2000) petition. An appeal may not be taken from the final order in a § 2254 proceeding unless 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 his constitutional claims are debatable and 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 Asby has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument *146 because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Paul Trevor ASBY, Petitioner-Appellant, v. WARDEN, WALLENS RIDGE STATE PRISON, Respondent-Appellee
Status
Unpublished