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Ruiz v. Correctional

United States Court of Appeals, Fourth Circuit
Nov 20, 2008
300 F. App'x 223 (4th Cir. 2008)

Opinion

No. 08-7161.

Submitted: November 13, 2008.

Decided: November 20, 2008.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, District Judge. (1:08-cv-00360-LO-TCB).

David Allen Ruiz, Appellant Pro Se.

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


David Allen Ruiz seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (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). 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 Ruiz has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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

Ruiz v. Correctional

United States Court of Appeals, Fourth Circuit
Nov 20, 2008
300 F. App'x 223 (4th Cir. 2008)
Case details for

Ruiz v. Correctional

Case Details

Full title:David Allen RUIZ, Petitioner-Appellant, v. WARDEN, NOTTOWAY CORRECTIONAL…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 20, 2008

Citations

300 F. App'x 223 (4th Cir. 2008)