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

Rhodes v. Robinson

Rhodes v. Robinson
U.S. Court of Appeals for the Fourth Circuit · Decided June 2, 2005 · Wilkinson, Niemeyer, Shedd
132 F. App'x 501

Rhodes v. Robinson

Opinion

PER CURIAM:

Calvin Leon Rhodes seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2000) petition as procedurally defaulted. 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). 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). *502 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 Rhodes has not made the requisite showing.

Accordingly, we deny Rhodes’ motion for 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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