Edwards v. Isle of Wight Circuit Court

U.S. Court of Appeals for the Fourth Circuit
Edwards v. Isle of Wight Circuit Court, 298 F. App'x 250 (4th Cir. 2008)

Edwards v. Isle of Wight Circuit Court

Opinion

PER CURIAM:

Lafayette T. Edwards, Sr., seeks to appeal the district court’s order dismissing without prejudice his 28 U.S.C. § 2254 (2000) petition for failing to exhaust state remedies. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 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 *251 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. See 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 Edwards 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 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
Lafayette T. EDWARDS, Sr., Petitioner-Appellant, v. ISLE OF WIGHT CIRCUIT COURT, Respondent-Appellee
Status
Unpublished