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

Williams v. Virginia Department of Corrections

Williams v. Virginia Department of Corrections
U.S. Court of Appeals for the Fourth Circuit · Decided April 21, 2005 · Michael, Niemeyer, Per Curiam, Wilkinson
126 F. App'x 152

Williams v. Virginia Department of Corrections

Opinion

PER CURIAM:

Johnny Marrocco Williams seeks to appeal the magistrate judge’s order denying relief on his motion filed under 28 U.S.C. § 2254 (2000). * An appeal may not be taken from the final order in a § 2254 proceeding unless a circuit justice or judge *153 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 that his constitutional claims are debatable and any dispositive procedural rulings by the magistrate judge 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 Williams has not made the requisite showing. Accordingly, we 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

*

The parties consented to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c) (2000).

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