GRETHEN v. JOHNSON, 220 Fed.Appx. 231 (4th Cir. 2007)
Mark A. GRETHEN, Petitioner-Appellant, v. Gene M. JOHNSON,Director, Department of Corrections, Respondent-Appellee.
No. 06-7630.United States Court of Appeals, Fourth Circuit.Submitted: February 26, 2007.
Decided: March 7, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:06-cv-00052-RBS).
Mark A. Grethen, Appellant Pro Se. Michael Thomas Judge, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.
Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mark A. Grethen seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable 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 substantialPage 232
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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v.Cockrell, 537 U.S. 322, 336-38, 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Grethen has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. Additionally, we deny Grethen's motion to remand. 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.