Coleman v. Johnson

U.S. Court of Appeals for the Fourth Circuit
Coleman v. Johnson, 169 F. App'x 768 (4th Cir. 2006)

Coleman v. Johnson

Opinion

PER CURIAM:

DeCarlos D. Coleman, a state prisoner, 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 appealable 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 *769 constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the magistrate judge’s assessment of his constitutional claims are debatable and that any dispositive procedural rulings by the magistrate judge 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 Coleman has not made the requisite showing. Accordingly, we deny Coleman’s motion for 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

*

The parties consented to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c) (2000).

Reference

Full Case Name
Decarlos D. COLEMAN, Petitioner—Appellant, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent—Appellee
Status
Unpublished