Jerry Killen v. Bryan Watson

Filing 920091117

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6409

JERRY GLENN KILLEN, Petitioner - Appellant, v. BRYAN WATSON, Warden, Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:08-cv-00025-jct-mfu)

Submitted:

November 2, 2009

Decided:

November 17, 2009

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jerry Glenn Killen, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jerry court's order petition. Glenn denying Killen relief seeks on his to 28 appeal U.S.C. the district (2006)

§ 2254

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

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 Killen has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny the 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