Filed: Nov. 28, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6980 BOBBY JOE LEONARD, Petitioner - Appellant, versus S. K. YOUNG, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (CA-04-693) Submitted: November 17, 2005 Decided: November 28, 2005 Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Bobby Joe Leonard, Appellant P
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6980 BOBBY JOE LEONARD, Petitioner - Appellant, versus S. K. YOUNG, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (CA-04-693) Submitted: November 17, 2005 Decided: November 28, 2005 Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Bobby Joe Leonard, Appellant Pr..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6980
BOBBY JOE LEONARD,
Petitioner - Appellant,
versus
S. K. YOUNG, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (CA-04-693)
Submitted: November 17, 2005 Decided: November 28, 2005
Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bobby Joe Leonard, Appellant Pro Se. Stephen R. McCullough,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bobby Joe Leonard 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 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 the district
court’s assessment of his constitutional claims is 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 Leonard 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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