Rodolfo Salinas v. Leroy Cartlidge, No. 09-6465 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6465 RODOLFO AVELEANO SALINAS, Petitioner - Appellant, v. LEROY CARTLIDGE, Institution, Warden of McCormick Correctional Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. Henry F. Floyd, District Judge. (4:07-cv-04149-HFF) Submitted: July 7, 2009 Decided: July 14, 2009 Before WILKINSON, MOTZ, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Rodolfo Aveleano Salinas, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rodolfo Aveleano Salinas seeks to appeal the district court s judge order and denying petition. or judge accepting relief issues absent constitutional prisoner recommendation on his 28 of U.S.C. the § magistrate 2254 (2006) The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2006). issue the a substantial right. jurists constitutional appealability. 28 U.S.C. A certificate of appealability will not satisfies reasonable of 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that (2006). demonstrating any district of assessment court is a A that of the 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 Salinas 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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