Filed: Oct. 22, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7422 CATHERINE D. RANDOLPH, Petitioner - Appellant, v. CLIFTON T. PERKINS STATE HOSPITAL, et al., Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:09-cv-00951-JFM) Submitted: October 15, 2009 Decided: October 22, 2009 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Catherine D. Ra
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7422 CATHERINE D. RANDOLPH, Petitioner - Appellant, v. CLIFTON T. PERKINS STATE HOSPITAL, et al., Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:09-cv-00951-JFM) Submitted: October 15, 2009 Decided: October 22, 2009 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Catherine D. Ran..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7422
CATHERINE D. RANDOLPH,
Petitioner - Appellant,
v.
CLIFTON T. PERKINS STATE HOSPITAL, et al.,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge.
(1:09-cv-00951-JFM)
Submitted: October 15, 2009 Decided: October 22, 2009
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Catherine D. Randolph, Appellant Pro Se. Kathleen A. Ellis,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Catherine D. Randolph, a state inmate, seeks to appeal
the district court’s order denying relief on her 28 U.S.C.
§ 2241 (2006) petition. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability.
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. 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 Randolph has
not made the requisite showing. Accordingly, we deny a
certificate of appealability and dismiss the appeal. We deny
Randolph’s motion for appointment of counsel. 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
2