Walter Lee Wright v. RODERICK R. SOWERS, Warden

06-6580Court of Appeals for the Fourth Circuit29.12.2006

Gesamter Gesetzestext

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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