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Miller-El v. Bennett, 03-6599 (2003)

Court: Court of Appeals for the Fourth Circuit Number: 03-6599 Visitors: 2
Filed: Jul. 16, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6599 GARY LEWIS MILLER-EL, Islam M.A. Muhammed Gary L. Johnson, Petitioner - Appellant, versus BOYD BENNETT; MS. BRANCH; B. A. HOFFNER; S. WALKER; M. C. NORNS, Sergeant; NURSE ALLEN, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (CA-01-905-5-FO) Submitted: July 10, 2003 Decided: July 16, 2003 Before WILKINSON
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 03-6599



GARY LEWIS MILLER-EL, Islam M.A. Muhammed Gary
L. Johnson,

                                           Petitioner - Appellant,

          versus


BOYD BENNETT; MS. BRANCH; B. A. HOFFNER; S.
WALKER; M. C. NORNS, Sergeant; NURSE ALLEN,

                                           Respondents - Appellees.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CA-01-905-5-FO)


Submitted:   July 10, 2003                 Decided:    July 16, 2003


Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Gary Lewis Miller-El, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

     Gary Lewis Miller-El seeks to appeal the district court’s

order dismissing his petition filed under 28 U.S.C. § 2254 (2000)

for failure to particularize his claims.      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, 
537 U.S. 322
,     , 
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 Miller-El has not made the requisite showing. Accordingly, we

deny a certificate of appealability, deny leave to proceed in forma

pauperis, 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


                                 2

Source:  CourtListener

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