UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7403
KEVIN WAYNE BERGLOWE,
Petitioner - Appellant,
versus
VIRGINIA DEPARTMENT OF CORRECTIONS, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
(CA-05-69)
Submitted: January 13, 2006 Decided: January 27, 2006
Before LUTTIG, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin Wayne Berglowe, Appellant Pro Se. Robert H. Anderson, III,
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Unpublished opinions are not binding precedent in this circuit.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:
Kevin Wayne Berglowe seeks to appeal the district court's
order dismissing his 28 U.S.C. § 2254 (2000) petition for failure
to exhaust his state court remedies. The order is not appealable
unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c) (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 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 Berglowe has not demonstrated error in the
district court's procedural ruling. Accordingly, we deny a
certificate of appealability and dismiss the appeal. We further
deny Berglowe’s motion to proceed in forma pauperis on 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
- 2 -