Eric Lewis v. Patricia Stansberry

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to expedite decision [998405919-2]; denying Motion to appoint/assign counsel [998272970-2] Originating case number: 1:09-cv-00266-LMB-JFA Copies to all parties and the district court/agency. [998442254] [10-6063]

Eric Lewis v. Patricia Stansberry

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Case: 10-6063 Document: 17

Date Filed: 10/08/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6063 ERIC LEWIS, Petitioner - Appellant, v. PATRICIA STANSBERRY, COMMISSION, Warden; UNITED STATES PAROLE

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:09-cv-00266-LMB-JFA) Submitted: September 30, 2010 Decided: October 8, 2010

Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Eric Lewis, Appellant Pro Se. Kevin J. Mikolashek, Catherine DeRoever Wood, Assistant United States Attorneys, Alexandria, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Eric Lewis, a District of Columbia Code Offender,

seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition. The order

is not appealable unless a circuit justice or judge issues a certificate of appealability. certificate of appealability 28 U.S.C. § 2253(c)(1) (2006). will not issue absent A "a

substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2006). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484

prisoner

demonstrating district debatable

reasonable of v.

jurists the

find

court's or

assessment Slack

constitutional 529 U.S.

wrong.

McDaniel,

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. at 484-85. that We have independently has not made reviewed the Slack, 529 U.S. the record and

conclude

Lewis

requisite

showing.

Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Lewis's motions to appoint counsel and to We dispense with oral argument because the are 2 adequately presented in the

expedite the appeal. facts and legal

contentions

Case: 10-6063 Document: 17

Date Filed: 10/08/2010

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materials

before

the

court

and

argument

would

not

aid

the

decisional process. DISMISSED

3