Filed: Sep. 10, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6931 MICHAEL PAGE, Petitioner - Appellant, versus EDDIE L. PEARSON, Warden (Sussex II State Prison); UNITED STATES PAROLE COMMISSION, (Michael J. Gaines, Chairman), Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-02-467-AM) Submitted: August 28, 2003 Decided: September 10, 2003 Before NIEMEYER and SHEDD, Circuit
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6931 MICHAEL PAGE, Petitioner - Appellant, versus EDDIE L. PEARSON, Warden (Sussex II State Prison); UNITED STATES PAROLE COMMISSION, (Michael J. Gaines, Chairman), Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-02-467-AM) Submitted: August 28, 2003 Decided: September 10, 2003 Before NIEMEYER and SHEDD, Circuit J..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6931
MICHAEL PAGE,
Petitioner - Appellant,
versus
EDDIE L. PEARSON, Warden (Sussex II State
Prison); UNITED STATES PAROLE COMMISSION,
(Michael J. Gaines, Chairman),
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CA-02-467-AM)
Submitted: August 28, 2003 Decided: September 10, 2003
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Page, Appellant Pro Se. Anita Claire Snyder, OFFICE OF THE
UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Page 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). 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 his
constitutional claims are debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong. See Miller-El v. Cockrell,
537 U.S. 322, ,
123 S. Ct.
1029, 1039 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000);
Rose v. Lee,
252 F.3d 676, 683 (4th Cir.), cert. denied,
534 U.S.
941 (2001). We have independently reviewed the record and conclude
that Page 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
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