Stanley v. Johnson, (4th Cir. 2003)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6953 WILLIAM STANLEY, Petitioner - Appellant, versus

GENE M. JOHNSON, Respondent - Appellee. Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-02-856-2)

Submitted: December 10, 2003 Decided: December 30, 2003

Before WIDENER, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Stanley, Appellant Pro Se. Eugene Paul Murphy, 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Unpublished opinions are not binding precedent in this circuit.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

William Stanley 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, 337 (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 Stanley has not made the requisite showing.

Accordingly, we deny StanleyÂ’s motion for a certificate of appealability and di smiss 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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