Brian Strebe v. Gene Johnson, No. 11-6335 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6335 BRIAN DAVID STREBE, Petitioner Appellant, v. GENE M. JOHNSON, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:10-cv-00704-TSE-TRJ) Submitted: June 16, 2011 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, June 21, 2011 and HAMILTON, Dismissed by unpublished per curiam opinion. Brian David Strebe, Appellant Pro Se. Benjamin Hyman Katz, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brian David Strebe seeks to appeal the district court s orders denying relief on his 28 U.S.C. § 2254 (2006) petition and denying appealable unless certificate of (2006). reconsideration. circuit a The or justice appealability. 28 See orders judge U.S.C. are not issues a § 2253(c)(1)(A) A certificate of appealability will not issue absent 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 the v. McDaniel, Slack this standard find that is 473, U.S. the claims constitutional 529 by 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 Accordingly, have Strebe we deny independently has a not reviewed made certificate the of record requisite showing. appealability, deny Strebe s motion to appoint counsel, and dismiss the appeal. dispense with oral argument because 2 the facts and and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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