Larry Donnell Green v. RONALD J. ANGELONE, Director, Virginia Department of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6541
LARRY DONNELL GREEN,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director, Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior District
Judge. (CA-01-813)
Submitted: July 10, 2003 Decided: July 16, 2003
Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry Donnell Green, Appellant Pro Se. Hazel Elizabeth Shaffer,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Larry Donnell Green seeks to appeal the district court’s order
adopting the magistrate judge’s recommendation to dismiss his 28
U.S.C. § 2254 (2000) petition. Green cannot appeal this order
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, U.S. , 123 S.
Ct. 1029, 1039 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied, 535 U.S.
941 (2001). We have independently reviewed the record and conclude
Green 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

-- 2 of 2 --