Milton Lawrence v. US, No. 08-8534 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8534 MILTON LEROY LAWRENCE, Petitioner Appellant, v. UNITED STATES OF AMERICA; TERRENCE W. BOYLE, Judge, Respondents Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-hc-02172-FL) Submitted: April 16, 2009 Decided: April 24, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Milton Leroy Lawrence, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Milton appeal the Leroy district Lawrence, court s a circuit appealability. justice or state order 28 U.S.C. § 2241 (2006) petition. unless a prisoner, denying seeks to on his relief The order is not appealable judge issues a 28 U.S.C. § 2253(c)(1) (2006). certificate of A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 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 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Lawrence has not made the certificate dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because the the we deny appeal. facts and a We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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