Freeman v. Johnson, (4th Cir. 2004)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6851 WILLIAM HOWARD FREEMAN, Petitioner - Appellant, versus

GENE M. JOHNSON, Director of Department of

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

District of Virginia, at Alexandria. Claude M. Hilton, Chief

District Judge. (CA-03-402-AM)

Submitted: November 10, 2004 Decided: November 24, 2004

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Howard Freeman, Appellant Pro Se. John H. McLees, Jr.,

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Unpublished opinions are not binding precedent in this circuit.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).

- 2 - PER CURIAM: William Howard Freeman seeks to appeal the district court§ 2254 (2000). 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 § 2253(c)(2) (2000). A prisoner satisfies 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

, 537 U.S. 322, 336 (2003); Slack

v. McDaniel

, 529 U.S. 473, 484 (2000); Rose v. Lee

, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and

conclude that Freeman 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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