Shortridge v. Virginia Department of Corrections

Fourth Circuit

Shortridge v. Virginia Department of Corrections

90 F. App'x 33

CourtCourt of Appeals for the Fourth Circuit

DecidedApril 1, 2004

Docket04-6116

StatusUnpublished

Cited by1 cases

This text of 90 F. App'x 33 (Shortridge v. Virginia Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shortridge v. Virginia Department of Corrections, 90 F. App'x 33 (4th Cir. 2004).

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Opinion

PER CURIAM.

Rebecca L. Shortridge seeks to appeal the district court’s order denying relief on her petition filed under 28 U.S.C. § 2254 (2000). 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 ap-pealability 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 her 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 Shortridge has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the ap *34 peal. 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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PER CURIAM.

Rebecca L. Shortridge seeks to appeal the district court’s order denying relief on her petition filed under 28 U.S.C. § 2254 (2000). 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 ap-pealability 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 her 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 Shortridge has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the ap *34 peal. 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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90 F. App'x 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shortridge-v-virginia-department-of-corrections-ca4-2004.

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