UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6380
HANEEF KHALIL RASHE’D,
Petitioner – Appellant,
v.
GENE M. JOHNSON, Director; MANAGER AT COURT AND LEGAL
SERVICE; HELEN FAHEY, Parole Board,
Respondents – Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:08-cv-00040-GBL-TRJ)
Submitted: October 20, 2009 Decided: October 23, 2009
Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and
HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Haneef Khalil Rashe’d, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Haneef Khalil Rashe’d seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2254 (2006) petition.
The order is 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 Rashe’d
has not made the requisite showing. Accordingly, we deny
Rashe’d’s motion for 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
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