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

Rodriguez v. McCabe

Rodriguez v. McCabe
U.S. Court of Appeals for the Fourth Circuit · Decided September 6, 2006 · Michael, Motz, Gregory
198 F. App'x 274

Rodriguez v. McCabe

Opinion

PER CURIAM:

Santiago Rodriguez seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000) petition. 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 mil 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Rodriguez has not made the requisite showing. Accordingly, we deny Rodriguez’s motion for a certificate of appealability, deny leave to proceed in forma pauperis, deny reconsideration of the district court’s denial of in forma pauperis status, 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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