VINES v. JOHNSON, 372 Fed.Appx. 429 (4th Cir. 2010)
Calvin Jermaine VINES, Petitioner-Appellant, v. Gene JOHNSON,Respondent-Appellee.
No. 09-7850.United States Court of Appeals, Fourth Circuit.Submitted: March 30, 2010.
Decided: April 2, 2010.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]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 Alexandria. Leonie M. Brinkema, District Judge. (1:07-cv-01224-LMB-JFA).
Calvin Jermaine Vines, Appellant Pro Se. Joshua Mikell Didlake, Assistant Attorney General, Richmond, Virginia, for Appellee.
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Calvin Jermaine Vines seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See28 U.S.C. § 2253(c)(1) (2006). 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) (2006). 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. SeeMiller-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); Rosev. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Vines has not made the requisite showing. Accordingly, we deny his motion for appointment of counsel, 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 courtPage 430
and argument would not aid the decisional process.
DISMISSED.