Albert Arrington v. Hinkele

Filing 920090630

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6341 ALBERT J. ARRINGTON, Petitioner - Appellant, v. HINKELE, Warden of G.R.C.C., Respondent -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-01145-LMB-IDD) Submitted: June 22, 2009 Decided: June 30, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Albert J. Arrington, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Albert J. Arrington seeks to appeal the district court's order dismissing his 28 U.S.C. 2254 (2006) petition without prejudice as successive. unless a circuit justice or The order is not appealable issues a certificate of judge appealability. 369 F.3d 363, 28 U.S.C. 2253(c)(1) (2006); Reid v. Angelone, 369 (4th Cir. 2004). 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 Arrington has not made the requisite showing. motions appeal. legal before for a certificate of Accordingly, we deny his and dismiss the appealability We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional contentions the court would process. DISMISSED 2

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