Woodfolk v. State of Maryland Department of Corrections

U.S. Court of Appeals for the Fourth Circuit
Woodfolk v. State of Maryland Department of Corrections, 122 F. App'x 78 (4th Cir. 2005)

Woodfolk v. State of Maryland Department of Corrections

Opinion

PER CURIAM.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

Corey Lorenzo Woodfolk, a state prisoner, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); see Reid v. Angelone, 369 F.3d 363, 368-69, 374 n. 7 (4th Cir. 2004). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 *79 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of his constitutional claims is 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, 336-38, 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 Woodfolk has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny Woodfolk’s motion to amend the pleadings, 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
Corey Lorenzo WOODFOLK, Petitioner—Appellant, v. STATE OF MARYLAND DEPARTMENT OF CORRECTIONS, Respondent—Appellee
Cited By
1 case
Status
Unpublished