Jose Perez-Amaya v. David Everett

Filing 920100120

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6913

JOSE TULIO PEREZ-AMAYA, Petitioner ­ Appellant, v. DAVID B. EVERETT, Warden, Respondent ­ Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, District Judge. (1:09-cv-00175-LO-TRJ)

Submitted:

November 9, 2009

Decided:

January 20, 2010

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jose Tulio Perez-Amaya, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jose Tulio Perez-Amaya seeks to appeal the district court's order petition. denying relief on his 28 U.S.C. § 2254 (2006)

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

Perez-Amaya has not made the requisite showing.

Accordingly, we We

deny a certificate of appealability and dismiss the appeal. 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