Sumbry v. Davis , 160 F. App'x 295 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7753
LARRIANTE SUMBRY,
Petitioner - Appellant,
versus
CECIL DAVIS, Superintendent of Indiana State
Prison,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Henry F. Floyd, District Judge.
(CA-05-2779-HFF)
Submitted: December 15, 2005 Decided: December 22, 2005
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Larriante Sumbry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Larriante Sumbry, an Indiana inmate, seeks to appeal the
district court’s order accepting the recommendation of the
magistrate judge and dismissing without prejudice his 28 U.S.C.
§ 2254 (2000) petition. 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 both that the district court’s assessment of the
constitutional claims is debatable or wrong and that any
dispositive procedural rulings by the district court are also
debatable or wrong. 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 Sumbry 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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