Lafayette Edwards, Sr. v. Isle of Wight Circuit Court

Filing 920081029

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6860 LAFAYETTE T. EDWARDS, SR., Petitioner - Appellant, v. ISLE OF WIGHT CIRCUIT COURT, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:08-cv-00396-GBL-TCB) Submitted: October 17, 2008 Decided: October 29, 2008 Before MOTZ, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Lafayette T. Edwards, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lafayette district U.S.C. court's T. Edwards, Sr., seeks to appeal his the 28 order dismissing for without failing prejudice to 2254 (2000) petition exhaust state remedies. The order is not appealable unless a circuit justice See 28 U.S.C. or judge issues a certificate of appealability. 2253(c)(1) (2000). issue absent "a A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or substantial 28 constitutional prisoner reasonable right." this would by 2253(c)(2) by any (2000). satisfies jurists demonstrating assessment is of constitutional claims district court debatable wrong and that any dispositive procedural ruling by the district court is likewise debatable. See 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 Edwards has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal dismiss the with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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