Haneef Rashe'd v. Gene Johnson

Filing 920091023

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6380

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)

Submitted:

October 20, 2009

Decided:

October 23, 2009

Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge.

NIEMEYER,

Circuit

Judge,

and

Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

substantial 28

constitutional prisoner reasonable

right." this would by

§ 2253(c)(2) by any

(2006).

satisfies jurists

demonstrating assessment is of

constitutional

claims

district

court

debatable

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

process. DISMISSED

2