Small v. Stansberry

Filing 920071220

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7256 PATRICK SMALL, Petitioner - Appellant, versus PATRICIA R. STANSBERRY, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:06-hc-02171-H) Submitted: December 13, 2007 Decided: December 20, 2007 Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Patrick Small, Appellant Pro Se. David T. Husband, BUREAU OF PRISONS, Butner, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Patrick Small, a District of Columbia 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). and conclude that We have independently reviewed the record has not made the requisite showing. Small 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 Because Small was convicted in a District of Columbia court, he is required to obtain a certificate of appealability in order to appeal the denial of his 2241 petition. See Madley v. United States Parole Comm'n, 278 F.3d 1306 (D.C. Cir. 2002). - 2 - *

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