Melton v. Young, (4th Cir. 2003)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6463 DENNY C. MELTON, Petitioner - Appellant, versus

S. K. YOUNG, Respondent - Appellee. Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Jackson L. Kiser, Senior District

Judge. (CA-02-759-7)

Submitted: October 15, 2003 Decided: December 9, 2003

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Denny C. Melton, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Denny C. Melton, a state prisoner, 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, , 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 , 534 U.S. 941 (2001). We have independently reviewed the record and conclude that Melton has not made the requisite showing.

Accordingly, we deny MeltonÂ’s motion for appointment of counsel, 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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