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James Elve FLOWERS, Jr., Petitioner-Appellant, v. Randall LEE, Respondent-Appellee

United States Court of Appeals for the Fourth Circuit2004-11-30No. No. 04-6968
114 F. App'x 94

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Opinion

majority opinion

PER CURIAM:

James Elve Flowers, Jr., a state prisoner, seeks to appeal the district court’s order adopting the magistrate judge’s report and recommendation, rejecting Flowers’s claims on their merits, and dismissing his petition filed under 28 U.S.C. § 2254 (2000). The order is not appealable 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 the district court’s assessment of the constitutional claims debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 338, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). We have independently reviewed the record and conclude that Flowers has not made the requisite showing. Accordingly, we deny his motion for 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 hot aid the decisional process.

DISMISSED