Samuel Kangere v. Sheilah Davenport

Filing 920100405

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-8179

SAMUEL JOHNSON KANGERE, Petitioner ­ Appellant, v. SHEILAH DAVENPORT, CEO, Clifton T. Perkins Hospital Center, Respondent ­ Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:09-cv-02116-AW)

Submitted:

March 30, 2010

Decided:

April 5, 2010

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Samuel Johnson Kangere, Appellant Pro Se. Lisa Anne Barkan, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Samuel appeal the Johnson Kangere, order a state denying prisoner, relief seeks his to 28

district

court's

on

U.S.C. § 2241 (2006) petition. unless a circuit justice or

The order is not appealable judge 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." (2006). 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 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Kangere has not made the requisite showing. Accordingly, we deny Kangere's

motion for injunctive relief pending appeal, deny a certificate of 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

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