Milton Lawrence v. US

Filing 920090424

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8534

MILTON LEROY LAWRENCE, Petitioner ­ Appellant, v. UNITED STATES OF AMERICA; TERRENCE W. BOYLE, Judge, Respondents ­ Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-hc-02172-FL)

Submitted:

April 16, 2009

Decided:

April 24, 2009

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Milton Leroy Lawrence, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Milton appeal the Leroy Lawrence, court's a state prisoner, relief seeks on to his

district

order

denying

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

The order is not appealable issues a certificate of

judge

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 Lawrence 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