Dwight Lewis v. Keith Davis

Filing 920091116

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7139

DWIGHT DAVID LEWIS, Petitioner ­ Appellant, v. KEITH W. DAVIS, Warden, Respondent ­ Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:09-cv-00184-jlk-mfu)

Submitted:

October 21, 2009

Decided:

November 16, 2009

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dwight David Lewis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Dwight court's order David Lewis as seeks to appeal his 28 the district § 2254

dismissing

successive

U.S.C.

(2006) petition. justice or judge

The order is not appealable unless a circuit issues a certificate of appealability.

28 U.S.C. § 2253(c)(1) (2006).

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). A prisoner

satisfies this standard by demonstrating that reasonable jurists would find that any 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, 484-85 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently

reviewed the record and conclude that Lewis has not made the requisite showing. deny Accordingly, leave to we deny in a certificate pauperis, of and

appealability,

proceed

forma

dismiss the appeal. facts and legal before

We dispense with oral argument because the are and adequately argument presented not in aid the the

contentions the court

materials

would

decisional process. DISMISSED

2