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321 F. App'x 279

Foster v. Snyder

U.S. Courts of Appeals

Decided April 9, 2009

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U.S. Courts of Appeals · decided 2009-04-09

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Slack v. McDaniel · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Rose v. Lee

Decided 2009-04-09

¶1*280 Dismissed by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 Anthony C. Foster, originally convicted and sentenced in the superior court of the District of Columbia, seeks to appeal the district court’s order denying his 28 U.S.C. § 2241 (2006) petition challenging the United States Parole Commission’s revocation of his parole. The order is not ap-pealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006); 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) (2006). 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Foster 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.

¶4 DISMISSED.

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