Laura Moore v. Maryland Correctional Inst
Filing
920100303
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-7489
LAURA J. MOORE, Petitioner - Appellant, v. MARYLAND CORRECTIONAL INSTITUTION FOR WOMEN; CAROLYN ATKINS, Warden; ATTORNEY GENERAL OF MARYLAND, Respondents - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:09-cv-01703-CCB)
Submitted:
February 25, 2010
Decided:
March 3, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Laura J. Moore, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Laura J. Moore seeks to appeal the district court's order dismissing without prejudice her 28 U.S.C. § 2254 (2006) petition for failure to exhaust state court remedies. The order
is not appealable unless a circuit justice or judge issues a certificate (2006). of appealability. See 28 U.S.C. § 2253(c)(1)
A certificate of appealability will not issue absent "a
substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) demonstrating (2006). that A prisoner satisfies would this find
standard
reasonable
jurists
that any assessment of the constitutional claims by the district court is debatable or 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). that We have independently has not made reviewed the the record and
conclude
Moore
requisite
showing.
Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in the the materials decisional
would
aid
process. DISMISSED
2
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