Alvin Faulkner v. Nancy Rouse

Filing 920090901

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8219

ALVIN FAULKNER, Petitioner - Appellant, v. NANCY L. ROUSE, Warden, Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:08-cv-00951-JFM)

Submitted:

August 26, 2009

Decided: September 1, 2009

Before TRAXLER, Judges.

Chief

Judge,

and

GREGORY

and

SHEDD,

Circuit

Dismissed by unpublished per curiam opinion.

Alvin Faulkner, Appellant Pro Se. Michael O'Connor Doyle, Assistant Attorney General, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Alvin Faulkner, a state prisoner, seeks to appeal the district court's order dismissing without prejudice his 28

U.S.C. § 2241 (2006) petition. unless a circuit justice or

The order is not appealable 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." (2006). 28 U.S.C. § 2253(c)(2)

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 Faulkner has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal

certificate dispense

appealability oral argument

appeal. and

with

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

2