UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-8134
ZACHARY VINCENT MILLER, a/k/a Zachary V. Miller,
Petitioner – Appellant,
v.
LEVERN COHEN, Warden, Ridgeland Correctional Institution,
Respondent – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. G. Ross Anderson, Jr., Senior
District Judge. (8:08-cv-03729-GRA)
Submitted: April 12, 2010 Decided: June 2, 2010
Before MOTZ, AGEE, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Zachary Vincent Miller, Appellant Pro Se. Alphonso Simon, Jr.,
OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia,
South Carolina, Donald John Zelenka, Deputy Assistant Attorney
General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Zachary Vincent Miller seeks a certificate of
appealability to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing his 28
U.S.C. § 2254 (2006) petition. 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. 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 Miller has
not made the requisite showing. Accordingly, we deny Miller’s
application for a certificate of appealability, deny leave to
proceed in forma pauperis, 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