UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-8016
LARRY WILLIAMS,
Petitioner - Appellant,
versus
CAROFLINA F. WILLIAMS; THOMAS COOPER, Jr.,
Judge; WILLIAM H. CHANDLER; HARRY L. DEVOE,
JR.; NFN SHULER; GORDON B. JENKINSON; DAVID
SPENCER; HENRY D. MCMASTER,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, District Judge.
(CA-04-22296-3-24)
Submitted: March 10, 2005 Decided: March 15, 2005
Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Larry Williams seeks to appeal the district court’s order
accepting the magistrate judge’s recommendation and denying,
without prejudice, his petition filed under 28 U.S.C. § 2254 (2000)
as successive. The order is not appealable 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
the district court’s assessment of his constitutional claims is
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, 336-38 (2003); Slack v. McDaniel, 529 U.S.
473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).
We have independently reviewed the record and conclude that
Williams has not made the requisite showing. Accordingly, we deny
a certificate of appealability and dismiss the appeal. We deny
Williams’ motion for appointment of counsel and 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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