U.S. Court of Appeals for the Fourth Circuit, 2006

Drayton v. Robinson

Drayton v. Robinson
U.S. Court of Appeals for the Fourth Circuit · Decided March 30, 2006 · Wilkinson, Luttig, Williams
173 F. App'x 260

Drayton v. Robinson

Opinion

PER CURIAM:

In these consolidated appeals, Andre Drayton, a state prisoner, seeks to appeal the district court’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 constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of his constitutional claims is 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 Dray-ton has not made the requisite showing. Accordingly, we deny certificates of appealability and dismiss the appeals. 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 order Drayton seeks to appeal in No. OS-7855 was vacated by the district court pursuant to Fed.R.Civ.P. 60(a). Therefore, that appeal is moot. We have reviewed the district court's order entered on November 17, 2005, which Drayton seeks to appeal in No. OS-7892.

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