UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8229
JULIAN EDWARD ROCHESTER,
Petitioner - Appellant,
v.
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; STATE 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 (2:08-cv-03140-HMH-RSC)
Submitted: April 16, 2009 Decided: April 24, 2009
Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Julian Edward Rochester, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Julian Edward Rochester seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2006)
petition. The order is not appealable unless a circuit justice
or judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c)(1) (2006). 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) (2006). A
prisoner satisfies this standard by demonstrating that
reasonable jurists would find that any assessment of the
constitutional claims by the district court is debatable or
wrong and that any dispositive procedural ruling by the district
court is likewise debatable. 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
Rochester has not made the requisite showing. Accordingly, we
deny leave to proceed in forma pauperis, 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
2