104 F. App'x 339

Sal Bart SIRACUSA, Petitioner—Appellant, v. R.C. LEE, Respondent—Appellee.

No. 04-6838.

United States Court of Appeals, Fourth Circuit.

Submitted July 21, 2004.

Decided Aug. 16, 2004.

Sal Bart Siracusa, Appellant pro se. Sandra Wallace Smith, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

PER CURIAM.

Sal Bart Siracusa has filed a motion for a certificate of appealability to appeal the district court’s denial of his 28 U.S.C. § 2254 (2000) petition. A certificate of appealability will not issue for claims addressed by a district court 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 Siracusa has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are *340adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Siracusa v. Lee
104 F. App'x 339

Case Details

Name
Siracusa v. Lee
Decision Date
Aug 16, 2004
Citations

104 F. App'x 339

Jurisdiction
United States

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