Filed: Aug. 08, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7665 THIET VAN PHAN, Petitioner - Appellant, versus DANIEL BRAXTON, Warden, Respondent - Appellee. No. 05-6187 THIET VAN PHAN, Petitioner - Appellant, versus DANIEL BRAXTON, Warden, Respondent - Appellee. Appeals from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-02-840) Submitted: July 15, 2005 Decided: August 8, 2005 Before MICHAEL and KING, Circui
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7665 THIET VAN PHAN, Petitioner - Appellant, versus DANIEL BRAXTON, Warden, Respondent - Appellee. No. 05-6187 THIET VAN PHAN, Petitioner - Appellant, versus DANIEL BRAXTON, Warden, Respondent - Appellee. Appeals from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-02-840) Submitted: July 15, 2005 Decided: August 8, 2005 Before MICHAEL and KING, Circuit..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7665
THIET VAN PHAN,
Petitioner - Appellant,
versus
DANIEL BRAXTON, Warden,
Respondent - Appellee.
No. 05-6187
THIET VAN PHAN,
Petitioner - Appellant,
versus
DANIEL BRAXTON, Warden,
Respondent - Appellee.
Appeals from the United States District Court for the Eastern
District of Virginia, at Richmond. David G. Lowe, Magistrate
Judge. (CA-02-840)
Submitted: July 15, 2005 Decided: August 8, 2005
Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Thiet Van Phan, Appellant Pro Se. John H. McLees, Jr., 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Unpublished opinions are not binding precedent in this circuit.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).
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PER CURIAM:
In these consolidated appeals, Thiet Van Phan seeks to
appeal the magistrate judge’s orders denying relief on his petition
filed under 28 U.S.C. § 2254 (2000) and denying Phan’s motion for
reconsideration. These orders are 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 Phan has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the
appeals. 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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