Cook v. United States Parole Commission

U.S. Court of Appeals for the Fourth Circuit
Cook v. United States Parole Commission, 260 F. App'x 565 (4th Cir. 2007)

Cook v. United States Parole Commission

Opinion

PER CURIAM:

William L. Cook, a District of Columbia Code offender housed in a federal prison, *566 seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2241 (2000) petition. The order is not appeal-able 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

Reference

Full Case Name
William L. COOK, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION; Lisa Hollingsworth, Warden, Respondents-Appellees
Status
Unpublished