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

Aultman v. North Carolina

Aultman v. North Carolina
U.S. Court of Appeals for the Fourth Circuit · Decided August 24, 2005 · Widener, Williams, Michael
141 F. App'x 216

Aultman v. North Carolina

Opinion

PER CURIAM:

Lavelle Aultman, Jr., seeks to appeal the district court’s orders denying his motion to amend and denying relief on his petition filed under 28 U.S.C. § 2254 (2000). The orders are not appealable unless a circuit justice or judge issues a certifícate 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 Aultman has not made the requisite showing. Accordingly, we deny Aultman’s motions for certificate of appealability, expansion of certificate of appealability, and leave to proceed in forma pauperis. 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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