UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7907
TONY G. LARRIMORE,
Petitioner - Appellant,
versus
JONATHAN OZMINT, Director of SCDC; HENRY
DARGAN MCMASTER,
Respondents - Appellees,
and
CHARLES M. CONDON,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. David C. Norton, District Judge.
(CA-03-176-8-26)
Submitted: April 23, 2004 Decided: June 14, 2004
Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tony G. Larrimore, Appellant Pro Se. Donald John Zelenka, Chief
Deputy Attorney General, John William McIntosh, Assistant Attorney
General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Tony G. Larrimore seeks to appeal the district court’s
order denying relief on his petition filed under 28 U.S.C. § 2254
(2000). An appeal may not be taken from the final order in a
habeas corpus 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, 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 Larrimore 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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