Jesus Yabar v. Gene Johnson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
JESUS EDUARDO YABAR, Petitioner Appellant, v. GENE M. JOHNSON, Corrections, Director, Virginia Department of
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)
August 26, 2009
September 24, 2009
Before WILKINSON and Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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)
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
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. 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
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