UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7891
JULIAN EDWARD ROCHESTER,
Petitioner - Appellant,
versus
STATE OF SOUTH CAROLINA, HENRY DARGAN
MCMASTER, Attorney General of South Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Henry M. Herlong, Jr., District
Judge. (CA-03-2058-2-20)
Submitted: June 25, 2004 Decided: July 16, 2004
Before LUTTIG, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Julian Edward Rochester, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Julian Edward Rochester, a state prisoner, 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 § 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
for claims addressed by a district court 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 both that his
constitutional claims are debatable or wrong and that any
dispositive procedural rulings by the district court are also
debatable or wrong. See Miller-El v. Cockrell. 537 U.S. 322, 338
(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 Rochester 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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