Williams v. Kupec , 157 F. App'x 600 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6818
ANTHONY LAMONT WILLIAMS,
Petitioner - Appellant,
versus
ROBERT J. KUPEC, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA-
04-1708-JFM)
Submitted: November 9, 2005 Decided: December 6, 2005
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Lamont Williams, Appellant Pro Se. John Joseph Curran,
Jr., Attorney General, Edward John Kelley, OFFICE OF THE ATTORNEY
GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Lamont Williams seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2000)
petition. This order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1). 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 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, 336-38 (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
Williams has not made the requisite showing. Accordingly, we deny
a certificate of appealability and dismiss the appeal. Further, we
deny Williams’ request for the appointment of counsel. 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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