Delgado v. Angelone, (4th Cir. 2003)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6225 LUIS E. DELGADO, Petitioner - Appellant, versus

RONALD ANGELONE, Respondent - Appellee. Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. David G. Lowe, Magistrate Judge.

(CA-02-171-3)

Submitted: May 15, 2003 Decided: May 22, 2003

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

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Luis E. Delgado, Appellant Pro Se. Michael Thomas Judge, 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Unpublished opinions are not binding precedent in this circuit.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

Luis Delgado seeks to appeal the district court§ 2254 (2000) petition. Delgado cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and a certificate of appealability will not issue absent a § 2253(c)(2) (2000). A habeas petitioner meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , U.S. , 123 S. Ct. 1029, 1039 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir.), cert. denied , 535 U.S. 941 (2001). We have independently reviewed the record and conclude Delgado 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

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