Jason Thompson v. Christopher Zych


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999948673-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999938136-2] Originating case number: 7:15-cv-00444-NKM-RSB Copies to all parties and the district court/agency. [1000014649].. [16-7256]

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Appeal: 16-7256 Doc: 11 Filed: 02/01/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7256 JASON THOMPSON, Petitioner - Appellant, v. CHRISTOPHER ZYCH, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Norman K. Moon, Senior District Judge. (7:15-cv-00444-NKM-RSB) Submitted: January 25, 2017 Decided: February 1, 2017 Before TRAXLER, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Jason Thompson, Appellant Pro Se. Sara Bugbee Winn, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7256 Doc: 11 Filed: 02/01/2017 Pg: 2 of 3 PER CURIAM: Jason Thompson, a District of Columbia prisoner, seeks to appeal the district court’s order U.S.C. § 2241 (2012) petition. 1 unless a circuit appealability. 2 justice or denying relief on his 28 The order is not appealable judge issues a 28 U.S.C. § 2253(c)(1)(A) (2012). certificate of A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” (2012). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district that court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief demonstrate both on procedural that the When the district court grounds, dispositive the prisoner procedural ruling must is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. 1 Thompson challenges disciplinary action taken against him while he was housed at the Federal Correctional Institution in Bennettsville, South Carolina. 2 Because Thompson was convicted in a District of Columbia court, he is required to obtain a certificate of appealability in order to appeal the denial of his § 2241 petition. See Madley v. United States Parole Comm’n, 278 F.3d 1306 (D.C. Cir. 2002). 2 Appeal: 16-7256 Doc: 11 Filed: 02/01/2017 Pg: 3 of 3 We have independently reviewed the record and conclude that Thompson has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. appointment of counsel is denied. Thompson’s motion for We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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