Palmer v. Johnson , 82 F. App'x 854 ( 2003 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-7178
    JAMES DION PALMER,
    Petitioner - Appellant,
    versus
    GENE JOHNSON,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.  Claude M. Hilton, Chief
    District Judge. (CA-02-1762-AM)
    Submitted:   December 11, 2003         Decided:     December 19, 2003
    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    James Dion Palmer, Appellant Pro Se. Mary Kathleen Beatty Martin,
    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    Unpublished opinions are not binding precedent in this circuit.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:
    James Dion Palmer seeks to appeal the district court’s order
    denying relief on his petition filed under 
    28 U.S.C. § 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 “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 (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    Palmer   has    not     made     the    requisite      showing.
    Accordingly, we deny a certificate of appealability, deny leave to
    proceed in forma pauperis, 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: 03-7178

Citation Numbers: 82 F. App'x 854

Judges: Niemeyer, Motz, Hamilton

Filed Date: 12/19/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024