Jesus Yabar v. Gene Johnson

Filing 920090924

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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