Wright v. Sowers
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 28 U.S.C.
justice or judge issues a certificate of appealability.
§ 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.
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