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68 F. App'x 471

Price v. Wadsworth

U.S. Courts of Appeals

Decided July 2, 2003

U.S. Courts of Appeals · decided 2003-07-02

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division

Decided 2003-07-02

PER CURIAM.

¶1James Elliott Price, Sr., a state prisoner, seeks to appeal from the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). This court may only grant a certificate of appealability if the appellant makes a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2000). We have independently reviewed the record and conclude Price has not made a substantial showing of the denial of a constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). Accordingly, we deny a certificate of appealability and dismiss the ap*472peal. 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.

¶2DISMISSED.

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