Morris v. Commonwealth of Virginia , 285 F. App'x 69 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6603
DONNELL JOSEPH MORRIS,
Petitioner - Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:08-cv-00114-RAJ-FBS)
Submitted: July 22, 2008 Decided: July 25, 2008
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donnell Joseph Morris, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donnell Joseph Morris, a state prisoner, 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. See 28
U.S.C. § 2253(c)(1) (2000). 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 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 Morris has not made the requisite showing.
Accordingly, we deny a certificate of appealability, deny leave to
proceed in forma pauperis, deny Morris’ motion requesting a
subpoena for telephone transcripts, 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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