Gattis v. Solomen

U.S. Court of Appeals for the Fourth Circuit
Gattis v. Solomen, 256 F. App'x 617 (4th Cir. 2007)

Gattis v. Solomen

Opinion

PER CURIAM:

Christopher Deon Gattis seeks to appeal the district court’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 Gattis has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We further deny Appellant’s motions for a stay pending appeal and for discretionary leave to 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.

*

The parties consented to exercise of jurisdiction by a magistrate judge pursuant to 28 U.S.C. § 636(c) (2000).

Reference

Full Case Name
Christopher Deon GATTIS, Petitioner—Appellant, v. Superintendent Lawrence SOLOMEN, Respondent—Appellee
Status
Unpublished