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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6664 TYRONE RAGLAND, Petitioner - Appellant, versus EDDIE PEARSON, Warden, Sussex II, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-04-1416-LMB) Submitted: November 30, 2005 Decided: December 16, 2005 Before LUTTIG, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Tyrone Ragland, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Tyrone Ragland seeks to appeal the district court’s order denying relief on his motion filed under
28 U.S.C. § 2255(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 “a substantial showing of the denial of a constitutional right.”
28 U.S.C. § 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, 336-38 (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 Ragland 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 - 2 -
Document Info
Docket Number: 05-6664
Citation Numbers: 159 F. App'x 488
Judges: Luttig, Michael, Per Curiam, Traxler
Filed Date: 12/16/2005
Precedential Status: Non-Precedential
Modified Date: 11/5/2024