Harris v. Cooper , 157 F. App'x 662 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6887
JIMMIE L. HARRIS,
Petitioner -Appellant,
versus
ROY COOPER, The Attorney General of North
Carolina,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Graham C. Mullen, Chief
District Judge. (CA-01-142)
Submitted: October 31, 2005 Decided: December 12, 2005
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jimmie L. Harris, Appellant Pro Se. Clarence Joe DelForge, III,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jimmie Lee Harris seeks to appeal the district court’s
order denying relief on his motion 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, 336-38 (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 Harris has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the
appeal. We also deny Harris’ motion for a copy of a physical
examination. 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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