Filed: Jan. 27, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6819 GEORGE S. ALSTON, Petitioner - Appellant, versus RONALD ANGELONE, Director, Department of Corrections; STEVEN DOTSON, Warden, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-02-346) Submitted: January 15, 2004 Decided: January 27, 2004 Before WIDENER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circui
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6819 GEORGE S. ALSTON, Petitioner - Appellant, versus RONALD ANGELONE, Director, Department of Corrections; STEVEN DOTSON, Warden, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-02-346) Submitted: January 15, 2004 Decided: January 27, 2004 Before WIDENER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6819
GEORGE S. ALSTON,
Petitioner - Appellant,
versus
RONALD ANGELONE, Director, Department of
Corrections; STEVEN DOTSON, Warden,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-02-346)
Submitted: January 15, 2004 Decided: January 27, 2004
Before WIDENER and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
George S. Alston, Appellant Pro Se. Amy L. Marshall OFFICE OF THE
ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George S. Alston seeks to appeal the district court’s
order denying relief on his petition filed under 28 U.S.C. § 2254
(2000). The order is appealable only if 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 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 independently reviewed the record and conclude
that Alston has not made the requisite showing. Accordingly, we
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