UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8418
DYLAN LOPEZ TYREE,
Petitioner - Appellant,
v.
WARDEN C. HOLLAR,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:08-cv-00374-JLK-MFU)
Submitted: September 9, 2009 Decided: September 18, 2009
Before WILKINSON, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dylan Lopez Tyree, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dylan Lopez Tyree seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2254 (2006) petition
and denying reconsideration. The orders are not appealable
unless a circuit justice or judge issues a certificate of
appealability. See 28 U.S.C. § 2253(c)(1) (2006). 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) (2006). A prisoner satisfies this
standard by demonstrating that reasonable jurists would find
that any assessment of the constitutional claims by the district
court is debatable or wrong and that any dispositive procedural
ruling by the district court is likewise debatable. See 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 Tyree has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeal. We deny Tyree’s motion to appoint counsel and
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