Haneef Rashe'd v. Gene Johnson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
HANEEF KHALIL RASHE'D, Petitioner Appellant, v. GENE M. JOHNSON, Director; MANAGER SERVICE; HELEN FAHEY, Parole Board, Respondents Appellees. AT COURT AND LEGAL
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:08-cv-00040-GBL-TRJ)
October 20, 2009
October 23, 2009
Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Haneef Khalil Rashe'd, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Haneef Khalil Rashe'd seeks to appeal the district
court's order dismissing his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c)(1) (2006). issue absent "a
A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
wrong and that any dispositive procedural ruling by the district court is likewise debatable. See 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 Rashe'd has not made the requisite showing. Accordingly, we deny
Rashe'd's motion for 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
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