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

Keystone v. Braxton

Keystone v. Braxton
U.S. Court of Appeals for the Fourth Circuit · Decided August 18, 2005 · Wilkinson, Luttig, Shedd
141 F. App'x 180

Keystone v. Braxton

Opinion

*181 PER CURIAM:

R.J. Keystone, a.k.a. Randall J. Keyes, a Virginia prisoner, seeks to appeal the district court’s order granting the Commonwealth’s motion to dismiss and 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 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. 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 Keystone 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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