Baskerville v. Greensville Correctional, (4th Cir. 2006)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6314

ALPHONZO BASKERVILLE, a/k/a Alfonza

Baskerville,

Petitioner - Appellant,

versus

GREENSVILLE CORRECTIONAL CENTER,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. M. Hannah Lauck, Magistrate

Judge. (3:05-cv-0003-MHL)

Submitted: June 21, 2006 Decided: July 11, 2006

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Alphonzo Baskerville, Appellant Pro Se. Josephine Frances Whalen,

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Alphonzo Baskerville seeks to appeal the magistrate judge's order* denying relief on his 28U.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." 28U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of his 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 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Baskerville 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 jurisdiction of a magistrate judge pursuant to 28U.S.C. § 636(c) (2000).

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