Myers v. Dewalt ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6622
SCOTT MYERS,
Petitioner - Appellant,
versus
STEPHEN M. DEWALT, Warden; ROBERT BUTTERWORTH,
Attorney General of State of Florida,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CV-
04-316-DKC)
Submitted: May 27, 2004 Decided: June 4, 2004
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Scott Myers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Scott Myers seeks to appeal the district court’s order
denying relief without prejudice on his habeas corpus petition and
denying his motion for reconsideration. A state prisoner may not
appeal from the final order in a habeas 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
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 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, 336 (2003);
Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
676, 683 (4th Cir. 2001). We have independently reviewed the
record and conclude that Myers has not made the requisite showing.
Accordingly, we deny Myers’ motion for a certificate of
appealability and dismiss the appeal. We deny as moot Myers’
motion to expedite the appeal and 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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