Filed: Sep. 04, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6568 CHARLES EDWARD FORRESTER, JR., Petitioner - Appellant, and KENNETH N. HAMMOND; PHILLIP DUCKETT, Petitioners, versus DAVID A. GARRAGHTY, Warden; DISTRICT OF COLUMBIA AGENCIES; UNITED STATES PAROLE COMMISSION; ANTHONY WILLIAMS, Mayor; EDWARD F. REILLY, JR., Chairman, United States Parole Commission; ODIE WASHINGTON, in his official capacity as Director, D.C. Department of Corrections; JOHN ASHCROFT, Attorney General, Res
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6568 CHARLES EDWARD FORRESTER, JR., Petitioner - Appellant, and KENNETH N. HAMMOND; PHILLIP DUCKETT, Petitioners, versus DAVID A. GARRAGHTY, Warden; DISTRICT OF COLUMBIA AGENCIES; UNITED STATES PAROLE COMMISSION; ANTHONY WILLIAMS, Mayor; EDWARD F. REILLY, JR., Chairman, United States Parole Commission; ODIE WASHINGTON, in his official capacity as Director, D.C. Department of Corrections; JOHN ASHCROFT, Attorney General, Resp..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6568
CHARLES EDWARD FORRESTER, JR.,
Petitioner - Appellant,
and
KENNETH N. HAMMOND; PHILLIP DUCKETT,
Petitioners,
versus
DAVID A. GARRAGHTY, Warden; DISTRICT OF
COLUMBIA AGENCIES; UNITED STATES PAROLE
COMMISSION; ANTHONY WILLIAMS, Mayor; EDWARD F.
REILLY, JR., Chairman, United States Parole
Commission; ODIE WASHINGTON, in his official
capacity as Director, D.C. Department of
Corrections; JOHN ASHCROFT, Attorney General,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Chief
District Judge. (CA-02-864-AM)
Submitted: August 28, 2003 Decided: September 4, 2003
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Charles Edward Forrester, Jr., Appellant Pro Se. Kimberly C.
Matthews, OFFICE OF CORPORATION COUNSEL, Washington, D.C.; Richard
Parker, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Charles Edward Forrester, Jr., a District of Columbia
prisoner, seeks to appeal the district court’s order denying relief
on his petition filed under 28 U.S.C. § 2241 (2000). An appeal may
not be taken from the final order in a § 2241 proceeding 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 for claims addressed by a district court 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 both 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, 1040 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000). We
have independently reviewed the record and conclude that Forrester
has not made the requisite showing. Accordingly, we deny a
certificate of appealability, deny Forrester’s motion for
appointment of counsel, 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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