Stamper v. Attorney General VA

Filing 920070614

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7133 WALTER R.C. STAMPER, Petitioner - Appellant, versus ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA; WARDEN, U.S. Penitentiary - Big Sandy, Respondents - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:06-cv-00170-gec) Submitted: December 20, 2006 Decided: June 14, 2007 Before WILKINSON, WILLIAMS, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Walter R.C. Stamper, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Walter R.C. Stamper seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2000) petition. The order is not appealable 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." 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by any demonstrating reasonable jurists find assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Stamper has not made the requisite showing. Accordingly, we deny a certificate of We dispense with oral appealability and dismiss the appeal. 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 -

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