Wheatley v. Young

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 15, 2004
• Docket: 03-7052
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7052

PHILLIP ORLANDO WHEATLEY,

Petitioner - Appellant,

versus

S. K. YOUNG, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-02-1552-AM)

Submitted: December 18, 2003 Decided: January 15, 2004

Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Phillip Orlando Wheatley, Appellant Pro Se. Mary Kathleen Beatty Martin, 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Unpublished opinions are not binding precedent in this circuit.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:

Phillip Orlando Wheatley seeks to appeal the district

court’s order and order on reconsideration dismissing his 28 U.S.C.

§ 2254 (2000) petition. Wheatley cannot appeal these orders unless

a circuit judge or justice issues a certificate of appealability,

and 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 habeas appellant meets 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, 326 (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 Wheatley 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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