Richardson v. Robinson , 210 F. App'x 280 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7188
SYLVESTER A. RICHARDSON,
Petitioner - Appellant,
versus
DAVID ROBINSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:06-cv-00171-JRS)
Submitted: December 14, 2006 Decided: December 20, 2006
Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sylvester A. Richardson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sylvester A. Richardson seeks to appeal the district
court’s order dismissing without prejudice his 28 U.S.C. § 2254(2000) petition for failure to pay the partial filing fee. 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 any
assessment of the constitutional claims by the district court is
debatable or wrong and that any dispositive procedural ruling by
the district court is likewise debatable. 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 Richardson has
not made the requisite showing. Accordingly, we deny a certificate
of appealability and dismiss the appeal. We deny Richardson’s
motion to consolidate. 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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