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

Allen v. Warden, Nottoway Correctional Center

Allen v. Warden, Nottoway Correctional Center
U.S. Court of Appeals for the Fourth Circuit · Decided May 18, 2005 · Traxler, King, Shedd
131 F. App'x 919

Allen v. Warden, Nottoway Correctional Center

Opinion

*920 PER CURIAM:

Michael Allen, a Virginia inmate, seeks to appeal the district court’s orders dismissing as successive his habeas corpus petition filed under 28 U.S.C. § 2254 (2000). The orders are not appealable 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 both that the district court’s assessment of his constitutional claims is debatable or wrong 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 Allen 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

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