133 F. App'x 913

Kevin E. GREENE, Petitioner—Appellant, v. Tracy S. RAY, Respondent—Appellee.

No. 05-6348.

United States Court of Appeals, Fourth Circuit.

Submitted June 9, 2005.

Decided June 16, 2005.

Kevin E. Greene, Appellant pro se.

Virginia Bidwell Theisen, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.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

*914PER CURIAM:

Kevin E. Greene, a state prisoner, seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C.' § 2254 (2000). The order is not appeal-able 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 Greene 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 adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Greene v. Ray
133 F. App'x 913

Case Details

Name
Greene v. Ray
Decision Date
Jun 16, 2005
Citations

133 F. App'x 913

Jurisdiction
United States

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