William Wiles v. Jeffrey Dillman
Filing
920081224
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-7614
WILLIAM CARSON WILES, Petitioner - Appellant, v. JEFFREY N. DILLMAN, Warden, Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:07-cv-00402-SGW-MFU)
Submitted:
December 16, 2008
Decided:
December 24, 2008
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Carson Wiles, Appellant Pro Se. Robert H. Anderson, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: William court's order Carson Wiles seeks his to 28 appeal U.S.C. the district (2000)
denying
relief
on
§ 2254
petition.
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 Wiles 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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