Robert Barritt v. Warden David Ballard

Filing 920100122

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7951 ROBERT MARTIN BARRITT, Petitioner - Appellant, v. WARDEN DAVID BALLARD, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:08-cv-00043-REM-JS) Submitted: January 14, 2010 Decided: January 22, 2010 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Martin Barritt, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert court's judge order and Martin Barritt the seeks to appeal of the district accepting recommendation his 28 the magistrate (2006) denying relief on U.S.C. 2254 petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 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. 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 Barritt has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal certificate dispense appealability oral argument appeal. * and with because facts We decline to consider claims Barritt seeks to raise in this court, which claims were not previously raised first in the district court. See Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993). * 2 contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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