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Al-Musawwir v. Johnson, 03-7246 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 03-7246 Visitors: 14
Filed: Feb. 11, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7246 ABDUL-HASIB AL-MUSAWWIR, Petitioner - Appellant, versus GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CA-02-967-2) Submitted: January 28, 2004 Decided: February 11, 2004 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 03-7246



ABDUL-HASIB AL-MUSAWWIR,

                                                Petitioner - Appellant,

          versus


GENE M. JOHNSON, Director       of   the   Virginia
Department of Corrections,

                                                 Respondent - Appellee.



Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.   Robert G. Doumar, Senior
District Judge. (CA-02-967-2)


Submitted:   January 28, 2004              Decided:   February 11, 2004


Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Abdul-Hasib Al-Musawwir, Appellant Pro Se. Stephen R. McCullough,
Assistant Attorney General, Richmond, Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

             Abdul-Hasib   Al-Musawwir,   a    state    prisoner,   seeks   to

appeal the district court’s order denying relief on his petition

filed under 28 U.S.C. § 2254 (2000).          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
,

336 (2003); Slack v. McDaniel, 
529 U.S. 473
, 484 (2000); Rose v.

Lee, 
252 F.3d 676
, 683 (4th Cir. 2001).            We have independently

reviewed the record and conclude that Al-Musawwir has not made the

requisite showing.     Accordingly, we deny leave to proceed in forma

pauperis, 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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Source:  CourtListener

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