UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7047
DANIEL W. KINARD,
Petitioner – Appellant,
v.
TERRY O’BRIEN,
Respondent – Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:07-CV-00601-jlk-mfu)
Submitted: October 14, 2008 Decided: October 20, 2008
Before KING, GREGORY, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Daniel W. Kinard, Appellant Pro Se. Thomas Linn Eckert,
Assistant United States Attorney, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel W. Kinard, a prisoner in federal custody
serving a sentence imposed by the District of Columbia, seeks to
appeal the district court’s order denying relief on his 28
U.S.C. § 2241 (2000) petition. The order is not appealable
unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1) (2000); see Madley v.
United States Parole Comm’n, 278 F.3d 1306, 1310 (D.C. Cir.
2002). A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this
standard by demonstrating that reasonable jurists would find any
assessment of the constitutional claims by the district court is
debatable or wrong, and 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
Kinard has not made the requisite showing. Accordingly, we 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
2