Foreman v. Johnson

U.S. Court of Appeals for the Fourth Circuit
Foreman v. Johnson, 205 F. App'x 136 (4th Cir. 2006)

Foreman v. Johnson

Opinion

PER CURIAM:

Vincent Lee Foreman moves for a certificate of appealability, seeking review of the district court’s order dismissing as successive his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the final order in a § 2254 proceeding 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 for claims addressed by a district court 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 both 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, 338, 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 Foreman has not made the requisite showing. . Accordingly, we deny the motion for a certificate of appealability and dismiss the appeal. We *137 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.

Reference

Full Case Name
Vincent Lee FOREMAN, Petitioner-Appellant, v. Gene M. JOHNSON, Respondent-Appellee
Status
Unpublished