Lemon v. Hutchinson , 98 F. App'x 956 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6544
OLLIE LEMON,
Petitioner - Appellant,
versus
RONALD HUTCHINSON; J. JOSEPH CURRAN, JR.,
Attorney General for the State of Maryland,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA-
03-3008-1)
Submitted: May 27, 2004 Decided: June 4, 2004
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ollie Lemon, Appellant Pro Se. Ann Norman Bosse, OFFICE OF THE
ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ollie Lemon seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 (2000) petition. Lemon cannot
appeal this order unless a circuit judge or justice issues a
certificate of appealability, and 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 habeas
appellant meets 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 Lemon 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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