United States of America v. Lloyd Patrick Walters

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6995
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LLOYD PATRICK WALTERS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR-
00-122)
Submitted: August 13, 2004 Decided: November 8, 2004
Before WIDENER, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lloyd Patrick Walters, Appellant Pro Se. Gina Laurie Simms, OFFICE
OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Lloyd Patrick Walters appeals from the district court’s
orders denying his motions for reconsideration, or in the
alternative, for a certificate of appealability. Walters also
moves in this Court for a certificate of appealability. 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, 537 U.S. 322, 326 (2003); Slack
v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
683 (4th Cir. 2001). We have independently reviewed the record and
conclude Walters has not made the requisite showing. Accordingly,
we dismiss the appeal, and deny Walters’ motion for a certificate
of appealability. 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

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