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

Haughie v. State of MD

Haughie v. State of MD
U.S. Court of Appeals for the Fourth Circuit · Decided June 17, 2005 · Niemeyer, Duncan, Hamilton
134 F. App'x 630

Haughie v. State of MD

Opinion

PER CURIAM:

Robert D. Haughie seeks to appeal the district court’s order denying his Fed. R.Civ.P. 60(b) motion to cure an alleged defect in the review process of his petition filed under 28 U.S.C. § 2254 (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2000); Reid v. Angelone, 369 F.3d 363, 367-70 (4th Cir. 2004). 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 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Haughie has not made the requisite showing. Accordingly, we deny Haughie’s motion for a certificate of appealability, deny Haughie’s motion for documents, and dismiss the appeal. We dispense with oral argument because the *631 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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