UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6690
ANTHONY FITZGERALD BARNETT,
Petitioner - Appellant,
versus
J. C. WILSON,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Paul Trevor Sharp,
Magistrate Judge. (CA-02-483-1)
Submitted: October 1, 2003 Decided: October 28, 2003
Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Fitzgerald Barnett, Appellant Pro Se. Clarence Joe
DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Fitzgerald Barnett seeks to appeal the order of the
magistrate judge* denying relief on his petition filed under 28
U.S.C. § 2254 (2000). The order is appealable only if 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, 1039 (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 Barnett 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
*
The parties consented to trial before the magistrate judge
pursuant to 28 U.S.C. § 636(c) (2000).
2