UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6225
LUIS E. DELGADO,
Petitioner - Appellant,
versus
RONALD ANGELONE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. David G. Lowe, Magistrate Judge.
(CA-02-171-3)
Submitted: May 15, 2003 Decided: May 22, 2003
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Luis E. Delgado, Appellant Pro Se. Michael Thomas Judge, 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Unpublished opinions are not binding precedent in this circuit.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:
Luis Delgado seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 (2000) petition. Delgado 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
petitioner 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, U.S. ,
123 S. Ct. 1029, 1039 (2003); Slack v. McDaniel, 529 U.S. 473, 484
(2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied,
535 U.S. 941 (2001). We have independently reviewed the record and
conclude Delgado 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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