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Stanley Lorenzo WILLIAMS, Petitioner-Appellant, v. Dean WALKER, Respondent-Appellee

United States Court of Appeals for the Fourth Circuit2006-01-03No. No. 05-7252
161 F. App'x 264

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Opinion

majority opinion

PER CURIAM:

Stanley Lorenzo Williams seeks to appeal the magistrate judge’s order denying relief on his motion seeking to amend 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 substan tial 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 the district court’s assessment of his constitutional claims is 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, 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); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Williams has not made the requisite showing. Accordingly, we deny Williams leave to proceed in forma pauperis on appeal, deny his motion for a certificate of appeal-ability, 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

The parties consented to the jurisdiction of the magistrate judge. See 28 U.S.C. § 636(c) (2000).