U.S. Court of Appeals for the Fourth Circuit, 2009

Byler v. Weisner

Byler v. Weisner
U.S. Court of Appeals for the Fourth Circuit · Decided April 30, 2009 · Michael, Gregory, Duncan
324 F. App'x 263

Byler v. Weisner

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Martin Ray Byler seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). 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) (2006). 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 dis-positive 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 Byler has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Byler’s motion for bail pending appeal. We dispense with oral argument because the facts and legal contentions are adequately present *264 ed in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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