98 F. App'x 951

Scott MYERS, Petitioner—Appellant, v. Stephen M. DEWALT, Warden; Robert Butterworth, Attorney General of State of Florida, Respondents—Appellees.

No. 04-6622.

United States Court of Appeals, Fourth Circuit.

Submitted: May 27, 2004.

Decided: June 4, 2004.

Scott Myers, Appellant pro se.

Before WIDENER, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Scott Myers seeks to appeal the district court’s order denying relief without prejudice on his habeas corpus petition and denying his motion for reconsideration. A state prisoner may not appeal from the final order in a habeas 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 Myers has not made the requisite showing. Accordingly, we deny Myers’ motion for a certificate of appealability and dismiss the appeal. We deny as moot Myers’ motion to expedite the appeal and 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

Myers v. Dewalt
98 F. App'x 951

Case Details

Name
Myers v. Dewalt
Decision Date
Jun 4, 2004
Citations

98 F. App'x 951

Jurisdiction
United States

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