Whitfield v. Johnson

U.S. Court of Appeals for the Fourth Circuit
Whitfield v. Johnson, 301 F. App'x 207 (4th Cir. 2008)

Whitfield v. Johnson

Opinion

PER CURIAM:

Willie Lee Whitfield seeks to appeal the magistrate judge’s order * denying relief *208 on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certifícate of appealability. See 28 U.S.C. § 2253(e)(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 magistrate judge is debatable or wrong and that any dispositive procedural ruling by the magistrate judge 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 Whitfield 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.

*

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

Reference

Full Case Name
Willie Lee WHITFIELD, Petitioner-Appellant, v. Gene M. JOHNSON, Director for the Virginia Department of Corrections, Respondent-Appellee
Status
Unpublished