U.S. Court of Appeals for the Fourth Circuit, 2005

Hanna v. West Virginia

Hanna v. West Virginia
U.S. Court of Appeals for the Fourth Circuit · Decided April 11, 2005 · Hamilton, Niemeyer, Per Curiam, Wilkinson
127 F. App'x 106

Hanna v. West Virginia

Opinion

PER CURIAM:

Mark Francis Hanna, a West 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 certificate of appealability will not issue for claims addressed by a district court 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 Hanna has not made the requisite showing. Accordingly, we deny Hanna’s motion to amend his § 2254 petition, deny his 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 be *107 fore the court and argument would not aid the decisional process.

DISMISSED

Case-law data current through December 31, 2025. Source: CourtListener bulk data.