Jesus Yabar v. Gene Johnson

Filing 920090924

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6440 JESUS EDUARDO YABAR, Petitioner Appellant, v. GENE M. JOHNSON, Corrections, Director, Virginia Department of Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:08-cv-01296-CMH-JFA) Submitted: August 26, 2009 Decided: September 24, 2009 Before WILKINSON and Senior Circuit Judge. GREGORY, Circuit Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Jesus Eduardo Yabar, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jesus court's order Eduardo denying Yabar relief seeks on his to 28 appeal U.S.C. the district (2006) 2254 petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 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. 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 Yabar has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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