Wright v. Jackson , 210 F. App'x 295 ( 2006 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-6580
    WALTER LEE WRIGHT,
    Petitioner - Appellant,
    versus
    RODERICK R. SOWERS, Warden; JOHN JOSEPH
    CURRAN, JR., Attorney General of Maryland,
    Respondents - Appellees.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
    (8:05-cv-02371-AW)
    Submitted:   December 21, 2006            Decided: December 29, 2006
    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Walter Lee Wright, Appellant Pro Se. Scott Sheldon Oakley, OFFICE
    OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
    Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Walter Lee Wright, a state prisoner, seeks to appeal the
    district court’s order denying relief on his 
    28 U.S.C. § 2241
    (2000) petition.    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 that
    any assessment of the constitutional claims by the district court
    is debatable or wrong and that any dispositive procedural ruling by
    the district court is likewise debatable.    Miller-El v. Cockrell,
    
    537 U.S. 322
    , 336-38 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484
    (2000); Rose v. Lee, 
    252 F.3d 676
    , 683-84 (4th Cir. 2001).   We have
    independently reviewed the record and conclude that Wright has not
    made the requisite showing.   Accordingly, we deny Wright’s motion
    to proceed in forma pauperis, deny Wright’s motion to hold his
    motion for a certificate of appealability in abeyance, 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
    - 2 -
    

Document Info

Docket Number: 06-6580

Citation Numbers: 210 F. App'x 295

Judges: Michael, Motz, Per Curiam, Traxler

Filed Date: 12/29/2006

Precedential Status: Non-Precedential

Modified Date: 11/5/2024