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

Rasnick v. Director of Virginia Department of Corrections

Rasnick v. Director of Virginia Department of Corrections
U.S. Court of Appeals for the Fourth Circuit · Decided August 11, 2005 · Wilkinson, Michael, Motz
141 F. App'x 149

Rasnick v. Director of Virginia Department of Corrections

Opinion

PER CURIAM.

James Michael Rasnick seeks to appeal the magistrate judge’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). * 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 eonstitution *150 al 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. 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 Rasnick 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

*

This case was decided by the magistrate judge upon consent of the parties under 28 U.S.C. § 636(c)(1) (2000).

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