Lye Ong v. Roderick Sowers

Filing 920091026

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6959 LYE HUAT ONG, Petitioner Appellant, v. RODERICK R. SOWERS; THE ATTORNEY GENERAL OF THE STATE OF MARYLAND; NANCY ROUSE, Warden, Respondents Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:07-cv-02273-JFM) Submitted: October 20, 2009 Decided: October 26, 2009 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge. NIEMEYER, Circuit Judge, and Dismissed by unpublished per curiam opinion. Lye Huat Ong, Appellant Pro Se. Edward John Kelley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lye Huat Ong seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 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. 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 Ong has not made the requisite appoint showing. counsel, Accordingly, deny a we deny Ong's of motion for of certificate appealability, 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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