Mario Pcelinski v. Gene Johnson, No. 09-6143 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6143 MARIO G. PCELINSKI, Petitioner Appellant, v. GENE JOHNSON, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:08-cv-00767-LMB-TCB) Submitted: June 22, 2009 Decided: June 29, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Mario G. Pcelinski, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mario court s order petition. G. Pcelinski denying relief seeks on to appeal the 28 U.S.C. § 2254 his § 2253(c)(1) (2006). absent constitutional prisoner reasonable (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. issue district a A certificate of appealability will not substantial right. satisfies jurists constitutional See 28 U.S.C. 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of that district by of (2006). A demonstrating any assessment court is a that of the 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). have independently reviewed the record and Pcelinski has not made the requisite showing. conclude that Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because the We facts and 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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