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Edmond v. Robinson, 04-6938 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 04-6938 Visitors: 55
Filed: Dec. 29, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6938 GEORGE TYRONE EDMOND, Petitioner - Appellant, versus A. DAVID ROBINSON, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-03-120-1) Submitted: November 30, 2004 Decided: December 29, 2004 Before TRAXLER, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. George Tyrone Edmond
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 04-6938



GEORGE TYRONE EDMOND,

                                           Petitioner - Appellant,

          versus


A. DAVID ROBINSON, Warden,

                                            Respondent - Appellee.



Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-03-120-1)


Submitted:   November 30, 2004         Decided:     December 29, 2004


Before TRAXLER, KING, and DUNCAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


George Tyrone Edmond, Appellant Pro Se. Donald Eldridge Jeffrey,
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Unpublished opinions are not binding precedent in this circuit.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:

              George Tyrone Edmond, a state prisoner, seeks to appeal

the district court’s order denying relief on his petition filed

under 28 U.S.C. § 2254 (2000).         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 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
,

336-38 (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 Edmond 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




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Source:  CourtListener

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