Alejandre D’carlos Tabb v. EDDIE LEE PEARSON, Warden, Sussex II State Prison

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7061
ALEJANDRE D’CARLOS TABB,
Petitioner - Appellant,
versus
EDDIE LEE PEARSON, Warden,
Sussex II State Prison,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
(CA-04-91-7)
Submitted: December 23, 2004 Decided: January 12, 2005
Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alejandre D’Carlos Tabb, Appellant Pro Se. Thomas Drummond
Bagwell, Assistant Attorney General, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Alejandre D’Carlos Tabb seeks to appeal the district
court’s orders denying relief on his petition filed under 28 U.S.C.
§ 2254 (2000) and denying his motion to reconsider under Fed. R.
Civ. P. 59(e). An appeal may not be taken from the final order in
a § 2254 proceeding unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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 prisoner satisfies 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, 336 (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 that Tabb 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

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