101 F. App'x 926

Luis Edwin DELGADO, Petitioner-Appellant, v. Gene JOHNSON, Respondent-Appellee.

No. 04-6467, 04-6782.

United States Court of Appeals, Fourth Circuit.

Submitted June 24, 2004.

Decided July 1, 2004.

Luis Edwin Delgado, Appellant pro se. Michael Thomas Judge, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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

*927PER CURIAM.

Luis E. Delgado seeks to appeal the district court’s orders dismissing his 28 U.S.C. § 2254 (2000) petition and denying his motion for a certificate of appealability. Delgado cannot appeal these orders unless a circuit judge or justice issues a certificate of appealability, and a certificate of appealability will not issue absent a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2258(c)(2) (2000). A habeas appellant meets 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, 326, 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 Delgado 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

Delgado v. Johnson
101 F. App'x 926

Case Details

Name
Delgado v. Johnson
Decision Date
Jul 1, 2004
Citations

101 F. App'x 926

Jurisdiction
United States

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