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

Emmons v. Commonwealth of VA

Emmons v. Commonwealth of VA
U.S. Court of Appeals for the Fourth Circuit · Decided August 3, 2005 · King, Gregory, Shedd
140 F. App'x 489

Emmons v. Commonwealth of VA

Opinion

PER CURIAM:

Prentiss Pickens Emmons 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. McDan iel; 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 Emmons 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 *490 adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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