Jabari Dozier v. Warden Lee Correctional

Filing 920100308

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7899 JABARI DOZIER, Petitioner Appellant, v. WARDEN LEE CORRECTIONAL INSTITUTION, Respondent Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Patrick Michael Duffy, District Judge. (3:08-cv-03371-PMD) Submitted: February 24, 2010 Decided: March 8, 2010 Before GREGORY, SHEDD, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Jabari Dozier, Appellant Pro Se. Erin Mary Farrell, Daniel Roy Settana, Jr., MCKAY, CAUTHEN, SETTANA & STUBLEY, PA, Columbia, South Carolina; Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jabari Dozier, a state prisoner, seeks to appeal the district magistrate court's judge order and accepting the on recommendation his 28 U.S.C. of the denying relief 2241 (2006) petition. justice or judge The order is not appealable unless a circuit issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). A prisoner satisfies this standard by demonstrating that reasonable jurists would find 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. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Dozier has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Dozier's We dispense motion seeking a disciplinary hearing transcript. 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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