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Cook v. U.S.

United States Court of Appeals, Fourth Circuit
Dec 27, 2007
260 F. App'x 565 (4th Cir. 2007)

Opinion

No. 07-7278.

Submitted December 10, 2007.

Decided December 27, 2007.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (8:07-cv-00274-DKC).

William L. Cook, Appellant Pro Se. James A. Frederick, Goodell, Devries, Leech Dann, LLP, Baltimore, Maryland; Allen F. Loucks, Assistant United States Attorney, Baltimore, Maryland, for Appellees.

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


William L. Cook, a District of Columbia Code offender housed in a federal prison, seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2241 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); see Madley v. U.S. Parole Comm'n, 278 F.3d 1306, 1310 (D.C. Cir. 2002). 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) (2000). 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Cook has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED


Summaries of

Cook v. U.S.

United States Court of Appeals, Fourth Circuit
Dec 27, 2007
260 F. App'x 565 (4th Cir. 2007)
Case details for

Cook v. U.S.

Case Details

Full title:William L. COOK, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION…

Court:United States Court of Appeals, Fourth Circuit

Date published: Dec 27, 2007

Citations

260 F. App'x 565 (4th Cir. 2007)