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Joyner v. Angelone, 02-7309 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 02-7309 Visitors: 5
Filed: Feb. 25, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7309 KENNETH BRIAN JOYNER, Petitioner - Appellant, versus RONALD J. ANGELONE, Director, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-01-1189-AM) Submitted: December 19, 2003 Decided: February 25, 2004 Before MOTZ, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Kenneth Brian Joyne
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 02-7309



KENNETH BRIAN JOYNER,

                                          Petitioner -     Appellant,

          versus


RONALD J. ANGELONE, Director,

                                            Respondent - Appellee.



Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (CA-01-1189-AM)


Submitted:   December 19, 2003         Decided:     February 25, 2004


Before MOTZ, TRAXLER, and KING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Kenneth Brian Joyner, Appellant Pro Se. Donald Eldridge Jeffrey,
III, 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Unpublished opinions are not binding precedent in this circuit.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:

           Kenneth Brian Joyner 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     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 Joyner has not made the requisite showing.

Accordingly,     we   deny   Joyner’s    motions     for   a   certificate       of

appealability, appointment of counsel and an extension of time to

file unspecified pleadings, and we 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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