UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7270
CLARENCE JAY LYNCH,
Petitioner - Appellant,
versus
GEORGE M. MCMILLAN, Sheriff, Roanoke City,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (CA-03-230-7)
Submitted: December 19, 2003 Decided: January 9, 2004
Before WIDENER, WILKINSON, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Emmette Pilgreen, IV, Harvey Sidney Lutins, LUTINS & PILGREEN,
P.C., Roanoke, Virginia, for Appellant. Amy L. Marshall, 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Unpublished opinions are not binding precedent in this circuit.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:
Clarence Jay Lynch seeks to appeal the district court’s
order 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, 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 that Lynch 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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