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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8376 LARRY D. PHILLIPS, Petitioner - Appellant, v. GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. James E. Bradberry, Magistrate Judge. (2:08-cv-00383-JEB) Submitted: April 23, 2009 Decided: May 4, 2009 Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Larry D. Phillips, Appellant Pro Se. Eugene Paul Murphy, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry D. Phillips seeks to appeal the magistrate judge’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. See
28 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. See Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Phillips 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 * This case was decided by a magistrate judge with the parties’ consent under
28 U.S.C. § 636(c) (2006). 2 contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
Document Info
Docket Number: 08-8376
Citation Numbers: 326 F. App'x 709
Judges: Duncan, Gregory, Michael, Per Curiam
Filed Date: 5/4/2009
Precedential Status: Non-Precedential
Modified Date: 8/7/2023