Filed: Aug. 03, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6226 PRENTISS PICKENS EMMONS, Petitioner - Appellant, versus COMMONWEALTH OF VIRGINIA, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-04-366-7) Submitted: July 27, 2005 Decided: August 3, 2005 Before KING, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Prentiss Pickens Emmons,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6226 PRENTISS PICKENS EMMONS, Petitioner - Appellant, versus COMMONWEALTH OF VIRGINIA, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-04-366-7) Submitted: July 27, 2005 Decided: August 3, 2005 Before KING, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Prentiss Pickens Emmons, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6226
PRENTISS PICKENS EMMONS,
Petitioner - Appellant,
versus
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (CA-04-366-7)
Submitted: July 27, 2005 Decided: August 3, 2005
Before KING, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Prentiss Pickens Emmons, Appellant Pro Se. Virginia Bidwell
Theisen, 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Unpublished opinions are not binding precedent in this circuit.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:
Prentiss Pickens Emmons seeks to appeal the district
court’s order denying relief on his petition filed under 28 U.S.C.
§ 2254 (2000). An appeal may not be taken from the final order in
a habeas corpus proceeding 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 for claims addressed by
a district court 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 Emmons 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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