Pilkington v. Kupec , 78 F. App'x 289 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7280
ERIC ALLEN PILKINGTON, a/k/a Erick A.
Pilkington,
Petitioner - Appellant,
versus
ROBERT J. KUPEC, Warden; ATTORNEY GENERAL FOR
THE STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA-
03-1588-JFM)
Submitted: October 9, 2003 Decided: October 21, 2003
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eric Allen Pilkington, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eric Allen Pilkington, a state prisoner, seeks to appeal the
district court’s order denying relief on his petition filed under
28 U.S.C. § 2254 (2000). An appeal may not be taken from the final
order in a § 2254 proceeding 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 for claims
addressed by a district court 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 both 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, , 123 S. Ct. 1029, 1039-40 (2003); Slack
v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
683 (4th Cir.), cert. denied, 534 U.S. 941 (2001). We have
independently reviewed the record and conclude that Pilkington 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
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