Cook v. Commonwealth of VA

102 F. App'x 818

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 23, 2004
• Docket: 04-6785
• Status: Unpublished

Opinion

PER CURIAM:

Darrell W. Cook, Jr., a Virginia prisoner, seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C. § 2254 (2000) without prejudice for failure to comply with a previous court order. 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 appeal-ability will not issue for claims addressed by a district court 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 both 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Cook has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the ap peal. We also deny his pending motion for bail pending appeal, his motion for “fast and speedy trial,” and his motion to vacate judgment or grant a new trial. 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