John Demos v. US, No. 08-8146 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8146 JOHN ROBERT DEMOS, JR., Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:08-cv-02162-CCB) Submitted: December 2, 2008 Decided: December 16, 2008 Before TRAXLER and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. John Robert Demos, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Robert Demos, Jr., a Washington state prisoner, seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2241 (2000) petition. unless a circuit appealability. justice or The order is not appealable judge issues a 28 U.S.C. § 2253(c)(1) (2000). certificate of A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2000). 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 Demos 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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