Mario Pcelinski v. Gene Johnson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
MARIO G. PCELINSKI, Petitioner Appellant, v. GENE JOHNSON, Respondent Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:08-cv-00767-LMB-TCB)
June 22, 2009
June 29, 2009
Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mario G. Pcelinski, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Mario court's order petition. G. Pcelinski relief seeks on his to 28 appeal U.S.C. the district (2006)
The order is not appealable unless a circuit justice See 28 U.S.C.
or judge issues a certificate of appealability. § 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). have independently reviewed the record and conclude We that
Pcelinski has not made the requisite showing.
Accordingly, we We
deny a certificate of appealability and dismiss the appeal. dispense with oral argument because the facts and
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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