Jason Thompson v. Christopher Zych

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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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