Ronnie Ewings v. Terry O'Brien

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-00153-IMK-JSK. Copies to all parties and the district court/agency. [999010704]. Mailed to: R. Ewings. [12-7660]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7660

RONNIE EWINGS,
Petitioner - Appellant,
v.
TERRY O'BRIEN, Warden, USP Hazelton,
Respondent – Appellee,
and
UNITED STATES PAROLE COMMISSION,
Respondent.

Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg.
Irene M. Keeley,
District Judge. (1:11-cv-00153-IMK-JSK)

Submitted:

December 20, 2012

Decided:

December 27, 2012

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Linn
Richard
Walker,
Assistant
Federal
Public
Defender,
Clarksburg, West Virginia, for Appellant.
Jarod James Douglas,
Assistant United States Attorney, Wheeling, West Virginia, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ronnie Ewings, a District of Columbia Code offender,
seeks

to

appeal

magistrate

the

judge’s

district

court’s

recommendation

to

order

deny

adopting

relief

U.S.C.A. § 2241 (West 2006 & Supp. 2012) petition.
not

appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

or

on

the

his

28

The order is

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2006).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

prisoner

reasonable

assessment

wrong.

When the district court denies
satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

constitutional
529

U.S.

by

that

the

claims

is

473,

484

(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.

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that Ewings has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because
3

the

facts

and

We

legal

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

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