Melton v. Young , 83 F. App'x 503 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6463
DENNY C. MELTON,
Petitioner - Appellant,
versus
S. K. YOUNG,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-02-759-7)
Submitted: October 15, 2003 Decided: December 9, 2003
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Denny C. Melton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Denny C. Melton, a state prisoner, 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, ,
123 S. Ct. 1029, 1039 (2003); Slack v. McDaniel, 529 U.S. 473, 484
(2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied,
534 U.S. 941 (2001). We have independently reviewed the record and
conclude that Melton has not made the requisite showing.
Accordingly, we deny Melton’s motion for appointment of counsel,
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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