Brooks v. Hunt , 145 F. App'x 830 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6806
STEPHAN D. BROOKS,
Petitioner - Appellant,
versus
NORA HUNT, Superintendent; STATE OF NORTH
CAROLINA,
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CA-03-325-3-MU)
Submitted: September 16, 2005 Decided: October 19, 2005
Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stephan D. Brooks, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Stephan D. Brooks, a North Carolina prisoner, seeks to
appeal the district court’s order denying relief on his petition
filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken
from the final order in a § 2254 proceeding 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
for claims addressed by a district court 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 his constitutional claims is
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 Brooks
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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