U.S. Court of Appeals for the Fourth Circuit, 2007

Goodwin v. Koppel

Goodwin v. Koppel
U.S. Court of Appeals for the Fourth Circuit · Decided June 22, 2007 · Widener, Michael, King
230 F. App'x 327

Goodwin v. Koppel

Opinion

PER CURIAM:

Kamal Dorchy Goodwin seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition and requests the appointment of counsel on appeal. An order denying § 2254 relief 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 Goodwin has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny the request for the appointment of counsel 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.