UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6599
GARY LEWIS MILLER-EL, Islam M.A. Muhammed Gary
L. Johnson,
Petitioner - Appellant,
versus
BOYD BENNETT; MS. BRANCH; B. A. HOFFNER; S.
WALKER; M. C. NORNS, Sergeant; NURSE ALLEN,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CA-01-905-5-FO)
Submitted: July 10, 2003 Decided: July 16, 2003
Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gary Lewis Miller-El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gary Lewis Miller-El seeks to appeal the district court’s
order dismissing his petition filed under 28 U.S.C. § 2254 (2000)
for failure to particularize his claims. 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
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, , 123 S. Ct.
1029, 1040 (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 Miller-El has not made the requisite showing. Accordingly, we
deny a certificate of appealability, deny leave to proceed in forma
pauperis, 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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