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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7225 MICHAEL E. TORY, Petitioner - Appellant, versus K. J. BASSETT, Warden, Keen Mountain Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-03-746) Submitted: December 15, 2004 Decided: January 13, 2005 Before WILKINSON, KING, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael E. Tory, Appellant Pro Se. John H. McLees, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Michael E. Tory appeals from the denial of his
28 U.S.C. § 2254(2000) petition by the district court.* An appeal may not be taken to this court 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 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 jurists of reason 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 reviewed the record and conclude that Tory has not made the requisite showing. We therefore 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 * Pursuant to
28 U.S.C. § 636(c), the parties consented to exercise of the district court’s jurisdiction by a United States Magistrate Judge. - 2 -
Document Info
Docket Number: 04-7225
Citation Numbers: 119 F. App'x 512
Judges: King, Per Curiam, Traxler, Wilkinson
Filed Date: 1/13/2005
Precedential Status: Non-Precedential
Modified Date: 8/7/2023