Thomas Bowling v. Gene Johnson, No. 09-7123 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7123 THOMAS FRANKLIN BOWLING, Petitioner - Appellant, v. GENE JOHNSON, Director, VDOC; VIRGINIA PAROLE BOARD, Respondents - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:09-cv-00085-jlk-mfu) Submitted: January 14, 2010 Decided: January 20, 2010 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas Franklin Bowling, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas Franklin Bowling seeks to appeal the district court s order petition. denying relief on his 28 U.S.C. § 2253(c)(1) (2006). absent constitutional prisoner (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. issue § 2254 a A certificate of appealability will not substantial right. satisfies reasonable 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 by that district 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). We have independently reviewed the record and conclude that Bowling has not made the requisite showing. certificate dispense of with appealability oral argument and Accordingly, we deny a dismiss because the the appeal. 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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