Barksdale v. Basset

U.S. Court of Appeals for the Fourth Circuit
Barksdale v. Basset, 117 F. App'x 279 (4th Cir. 2004)

Barksdale v. Basset

Opinion

PER CURIAM.

Eddie Louis Barksdale seeks to appeal the district court’s order granting the Commonwealth’s motion to dismiss Barks-dale’s 28 U.S.C. § 2254 (2000) petition and denying his claims as procedurally defaulted. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certifícate 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 Barksdale has not made the requisite showing. Accordingly, we deny Barks-dale’s motion for appointment of counsel, 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

Reference

Full Case Name
Eddie L. BARKSDALE, Petitioner—Appellant, v. Ms. BASSET, Warden, Respondent—Appellee
Status
Unpublished