Fred D. Coombs v. George Snyder

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8263
FRED D. COOMBS,
Petitioner - Appellant,
v.
GEORGE SNYDER,
Respondent – Appellee,
and
UNITED STATES PAROLE COMMISSION,
Respondent.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:07-hc-02197-BO)
Submitted: July 30, 2009 Decided: August 11, 2009
Before MICHAEL, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Fred D. Coombs, Appellant Pro Se. Steve R. Matheny, Rudolf A.
Renfer, Jr., Assistant United States Attorneys, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Fred D. Coombs, a District of Columbia prisoner, seeks
to appeal the district court’s order denying relief on his 28
U.S.C. § 2241 (2006) petition. The order is not appealable
unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1) (2006). 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)
(2006). 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 Coombs has
not made the requisite showing. Accordingly, we 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 of 2 --