Branch v. Director of Virginia Department of Corrections

U.S. Court of Appeals for the Fourth Circuit
Branch v. Director of Virginia Department of Corrections, 210 F. App'x 229 (4th Cir. 2006)

Branch v. Director of Virginia Department of Corrections

Opinion

PER CURIAM:

Dwayne N. Branch seeks to appeal the magistrate judge’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. * 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 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 Branch has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal eontentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

*

Pursuant to 28 U.S.C. § 636(c)(2000), the parties consented to adjudication by the magistrate judge.

Reference

Full Case Name
Dwayne N. BRANCH, A/K/A Rashid ElAbdullah, Petitioner-Appellant, v. DIRECTOR OF VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent-Appellee
Status
Unpublished