156 F. App'x 601

Glenn D. BOWEN, Petitioner—Appellant, v. Theodis BECK, Department of Corrections, Respondent—Appellee.

No. 05-7008.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 22, 2005.

Decided Dec. 5, 2005.

Glenn D. Bowen, Appellant Pro Se. Clarence Joe DelForge, III, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Glenn D. Bowen seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the final order in a § 2254 proceeding 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Bowen has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Bowen’s motion to appoint counsel. We dispense with oral argument because the facts and legal contentions are *602adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Bowen v. Beck
156 F. App'x 601

Case Details

Name
Bowen v. Beck
Decision Date
Dec 5, 2005
Citations

156 F. App'x 601

Jurisdiction
United States

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