Spears v. Director of Department of Corrections

U.S. Court of Appeals for the Fourth Circuit
Spears v. Director of Department of Corrections, 213 F. App'x 225 (4th Cir. 2007)

Spears v. Director of Department of Corrections

Opinion

PER CURIAM:

Larry Darnell Spears seeks to appeal the district court’s order denying his request to reopen for consideration 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 Spears has not made the requisite showing. Accordingly, we deny Spears’ request for a certificate of *226 appealability 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.

Reference

Full Case Name
Larry Darnell SPEARS, Petitioner-Appellant, v. DIRECTOR OF the DEPARTMENT OF CORRECTIONS, Respondent-Appellee
Status
Unpublished