Filed: Jun. 04, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6292 RONNIE CLARENCE HEADEN, Petitioner - Appellant, versus GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CA-02-475) Submitted: May 29, 2003 Decided: June 4, 2003 Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6292 RONNIE CLARENCE HEADEN, Petitioner - Appellant, versus GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CA-02-475) Submitted: May 29, 2003 Decided: June 4, 2003 Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per c..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6292
RONNIE CLARENCE HEADEN,
Petitioner - Appellant,
versus
GENE M. JOHNSON, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CA-02-475)
Submitted: May 29, 2003 Decided: June 4, 2003
Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronnie Clarence Headen, Appellant Pro Se. Richard Bain Smith,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ronnie Clarence Headen, a Virginia prisoner, seeks to appeal
the district court’s order accepting the recommendation of the
magistrate judge and 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 § 2254 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 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,
123 S. Ct. 1029, 1040 (2003);
Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d
676, 683 (4th Cir.), cert. denied,
534 U.S. 941 (2001). We have
independently reviewed the record and conclude that Headen 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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