UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7271
ROBERT J. FERRELL,
Plaintiff - Appellant,
versus
WARDEN, DILLWYN CORRECTIONAL CENTER,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (CA-04-159-7-SGW)
Submitted: November 18, 2004 Decided: November 30, 2004
Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert J. Ferrell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert J. Ferrell appeals from the dismissal without
prejudice of his 28 U.S.C. § 2254 (2000) petition and the denial of
his subsequent motion for reconsideration for failure to comply
with a court order. 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 jurists of reason 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 reviewed the record and conclude that Ferrell has
not made the requisite showing. We, therefore, 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 in the decisional process.
DISMISSED
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