Filed: Jul. 01, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6459 THOMAS WAYNE BATCHELOR, Petitioner - Appellant, versus JOHN L. BRYANT, Respondent - Appellee. Appeal from the United States District for the Eastern District of North Carolina at Raleigh. Terrence W. Boyle, District Judge. (CA-04-85-5) Submitted: June 23, 2005 Decided: July 1, 2005 Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas Wayne Batchelor, Appellant Pro Se
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6459 THOMAS WAYNE BATCHELOR, Petitioner - Appellant, versus JOHN L. BRYANT, Respondent - Appellee. Appeal from the United States District for the Eastern District of North Carolina at Raleigh. Terrence W. Boyle, District Judge. (CA-04-85-5) Submitted: June 23, 2005 Decided: July 1, 2005 Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas Wayne Batchelor, Appellant Pro Se...
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6459
THOMAS WAYNE BATCHELOR,
Petitioner - Appellant,
versus
JOHN L. BRYANT,
Respondent - Appellee.
Appeal from the United States District for the Eastern District of
North Carolina at Raleigh. Terrence W. Boyle, District Judge.
(CA-04-85-5)
Submitted: June 23, 2005 Decided: July 1, 2005
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Wayne Batchelor, Appellant Pro Se. Sandra Wallace-Smith,
Assistant Attorney General, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thomas Wayne Batchelor seeks to appeal the district
court’s order denying relief on 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 Batchelor 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
- 2 -