Brian Samuels v. Warden

Filing 920091230

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7634 BRIAN ANTHONY SAMUELS, Petitioner - Appellant, v. WARDEN; THE ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:08-cv-01821-AW) Submitted: December 17, 2009 Decided: December 30, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Brian Anthony Samuels, 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 Unpublished opinions are not binding precedent in this circuit.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: Brian court's order Anthony denying Samuels relief on seeks his to 28 appeal U.S.C. the district (2006) 2254 petition. 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 this constitutional petitioner reasonable right." 2253(c)(2) by any (2006). satisfies jurists demonstrating assessment is of would by 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 Samuels has not made the requisite to add a showing. party, Accordingly, deny a we deny of Samuels's motion 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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