Filed: Jul. 10, 2009
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8549 JOHN WESLEY LEE, JR., Petitioner – Appellant, v. JOHN JOSEPH CURRAN, JR., The Attorney General of the State of Maryland; JON P. GALLEY, Warden; WARDEN BOBBY SHEARIN, Respondents – Appellees. No. 09-6126 JOHN WESLEY LEE, JR., Petitioner – Appellant, v. JOHN JOSEPH CURRAN, JR., The Attorney General of the State of Maryland; JON P. GALLEY, Warden; WARDEN BOBBY SHEARIN, Respondents – Appellees. Appeals from the United Stat
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8549 JOHN WESLEY LEE, JR., Petitioner – Appellant, v. JOHN JOSEPH CURRAN, JR., The Attorney General of the State of Maryland; JON P. GALLEY, Warden; WARDEN BOBBY SHEARIN, Respondents – Appellees. No. 09-6126 JOHN WESLEY LEE, JR., Petitioner – Appellant, v. JOHN JOSEPH CURRAN, JR., The Attorney General of the State of Maryland; JON P. GALLEY, Warden; WARDEN BOBBY SHEARIN, Respondents – Appellees. Appeals from the United State..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8549
JOHN WESLEY LEE, JR.,
Petitioner – Appellant,
v.
JOHN JOSEPH CURRAN, JR., The Attorney General of the State
of Maryland; JON P. GALLEY, Warden; WARDEN BOBBY SHEARIN,
Respondents – Appellees.
No. 09-6126
JOHN WESLEY LEE, JR.,
Petitioner – Appellant,
v.
JOHN JOSEPH CURRAN, JR., The Attorney General of the State
of Maryland; JON P. GALLEY, Warden; WARDEN BOBBY SHEARIN,
Respondents – Appellees.
Appeals from the United States District Court for the District
of Maryland, at Greenbelt. Catherine C. Blake, District Judge.
(8:00-cv-03323-CCB)
Submitted: June 16, 2009 Decided: July 10, 2009
Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
No. 08-8549 dismissed; No. 09-6126 affirmed by unpublished per
curiam opinion.
John Wesley Lee, Jr., Appellant Pro Se. Edward John Kelley,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
John Wesley Lee, Jr., seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2000)
petition. He also appeals the district court’s dismissal of his
motion for injunctive relief. We deny a certificate of
appealability and dismiss the appeal in No. 08-8549 and affirm
the district court in No. 09-6126.
As to No. 08-8549, the district court’s order is not
appealable unless a circuit justice or judge issues a
certificate of appealability. See 28 U.S.C. § 2253(c)(1)
(2006). 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) (2006). 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. See Miller-
El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th
Cir. 2001). We have independently reviewed the record and
conclude that Lee has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeal.
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As to No. 09-6126, we have reviewed the record and
find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. Lee v. Shearin, No. 8:00-
cv-03323-CCB (D. Md. Dec. 11, 2008). 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.
No. 08-8549 DISMISSED
No. 09-6126 AFFIRMED
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