Eric Lewis v. Patricia Stansberry, No. 10-6063 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6063 ERIC LEWIS, Petitioner - Appellant, v. PATRICIA STANSBERRY, COMMISSION, Warden; UNITED STATES PAROLE Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:09-cv-00266-LMB-JFA) Submitted: September 30, 2010 Decided: October 8, 2010 Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Eric Lewis, Appellant Pro Se. Kevin J. Mikolashek, Catherine DeRoever Wood, Assistant United States Attorneys, Alexandria, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eric Lewis, a District of Columbia Code Offender, seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. certificate of 28 U.S.C. § 2253(c)(1) (2006). appealability will not issue absent A a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2006). relief on the demonstrating district debatable merits, that court s or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of Slack this the v. McDaniel, standard find that U.S. the claims constitutional 529 by is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at the 484-85. conclude We that have Lewis independently has not made reviewed the record requisite and showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Lewis s motions to appoint counsel and to expedite the appeal. facts and legal We dispense with oral argument because the contentions are 2 adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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