Filed: Apr. 05, 2005
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7632 EDWARD PERNELL HARRIS, Petitioner - Appellant, versus JOSEPH BROOKS, Warden Federal Correctional Complex Petersburg, Virginia; DEPARTMENT OF CORRECTIONS, D.C.; RECORDS CENTER, D.C., Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-03-1003-1) Submitted: March 18, 2005 Decided: April 5, 2005 Before WILK
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7632 EDWARD PERNELL HARRIS, Petitioner - Appellant, versus JOSEPH BROOKS, Warden Federal Correctional Complex Petersburg, Virginia; DEPARTMENT OF CORRECTIONS, D.C.; RECORDS CENTER, D.C., Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-03-1003-1) Submitted: March 18, 2005 Decided: April 5, 2005 Before WILKI..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7632
EDWARD PERNELL HARRIS,
Petitioner - Appellant,
versus
JOSEPH BROOKS, Warden Federal Correctional
Complex Petersburg, Virginia; DEPARTMENT OF
CORRECTIONS, D.C.; RECORDS CENTER, D.C.,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CA-03-1003-1)
Submitted: March 18, 2005 Decided: April 5, 2005
Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Edward Pernell Harris, Appellant Pro Se. Rachel Celia Ballow,
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Unpublished opinions are not binding precedent in this circuit.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:
Edward Pernell Harris, a prisoner in federal custody
serving a sentence imposed by the District of Columbia, seeks to
appeal the district court’s order dismissing his petition filed
under 28 U.S.C. § 2241 (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); see Madley v. United States 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 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 Harris 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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