Ferguson v. Edwards

U.S. Court of Appeals for the Fourth Circuit
Ferguson v. Edwards, 209 F. App'x 331 (4th Cir. 2006)

Ferguson v. Edwards

Opinion

PER CURIAM:

Lenton A. Ferguson, a state prisoner, seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2000) petition for failure to exhaust his state court remedies. 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 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 Ferguson has not made the requisite showing. Accordingly, we deny Ferguson’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 *332 in the materials before the court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
Lenton A. FERGUSON, Petitioner—Appellant, v. Lisa EDWARDS, Respondent—Appellee
Status
Unpublished