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Ramirez v. Director Dept Corr, 04-7939 (2005)

Court: Court of Appeals for the Fourth Circuit Number: 04-7939 Visitors: 26
Filed: Aug. 30, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7939 MIQUEAS RAMIREZ, Petitioner - Appellant, versus DIRECTOR, DEPARTMENT OF CORRECTIONS, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (CA-04-578-3) Submitted: August 25, 2005 Decided: August 30, 2005 Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opini
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                               UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                               No. 04-7939



MIQUEAS RAMIREZ,

                                               Petitioner - Appellant,

          versus


DIRECTOR, DEPARTMENT OF CORRECTIONS,

                                                Respondent - Appellee.



Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.  Henry E. Hudson, District
Judge. (CA-04-578-3)


Submitted:   August 25, 2005                 Decided:   August 30, 2005


Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Miqueas Ramirez, 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Unpublished opinions are not binding precedent in this circuit.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:

               Miqueas Ramirez seeks to appeal the district court’s

order dismissing his 28 U.S.C. § 2254 (2000) petition.                    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 Ramirez 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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Source:  CourtListener

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