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Delgado v. Angelone, 4th Cir. (2003)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Luis Delgado's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit finds that Delgado did not make a substantial showing of the denial of a constitutional right, which is required to issue a certificate of appealability. As such, the Fourth Circuit denies a certificate of appealability and dismisses Delgado's appeal.
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0% found this document useful (0 votes)
25 views2 pages

Delgado v. Angelone, 4th Cir. (2003)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Luis Delgado's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit finds that Delgado did not make a substantial showing of the denial of a constitutional right, which is required to issue a certificate of appealability. As such, the Fourth Circuit denies a certificate of appealability and dismisses Delgado's appeal.
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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 03-6225

LUIS E. DELGADO,
Petitioner - Appellant,
versus
RONALD ANGELONE,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. David G. Lowe, Magistrate Judge.
(CA-02-171-3)

Submitted:

May 15, 2003

Decided:

May 22, 2003

Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior


Circuit Judge.

Dismissed by unpublished per curiam opinion.

Luis E. Delgado, Appellant Pro Se. Michael Thomas Judge, OFFICE OF


THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Luis Delgado seeks to appeal the district courts order
dismissing his 28 U.S.C. 2254 (2000) petition.

Delgado 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

petitioner 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 Delgado 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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