UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-8029
FELTON YAWN,
Petitioner – Appellant,
v.
WILLIE EAGLETON, Warden ECI,
Respondent – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Patrick Michael Duffy, Senior
District Judge. (4:09-cv-01221-PMD)
Submitted: March 16, 2010 Decided: March 23, 2010
Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Felton Yawn, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Felton Yawn, a state prisoner, seeks to appeal the
district court’s order adopting the recommendation of the
magistrate judge and denying relief on his 28 U.S.C. § 2241
(2006) petition. The order is not appealable unless a circuit
justice or judge issues a certificate of appealability.
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). 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. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003);
Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001). We have independently
reviewed the record and conclude that Yawn 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
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