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  • Foster v. Snyder, 4th Cir. (2009)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Anthony C. Foster v. George Snyder and U.S. Parole Commission. The court dismissed Foster's appeal of the district court's denial of his habeas corpus petition challenging the revocation of his parole by the U.S. Parole Commission. The court determined that Foster did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability. Therefore, the court dismissed the appeal.

    Original Description:

    Filed: 2009-04-09 Precedential Status: Non-Precedential Docket: 08-8037

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Anthony C. Foster v. George Snyder and U.S. Parole Commission. The court dismissed Foster's appeal of the district court's denial of his habeas corpus petition challenging the revocation of his parole by the U.S. Parole Commission. The court determined that Foster did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability. Therefore, the court dismissed the appeal.

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    Public Domain
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    Foster v. Snyder, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Anthony C. Foster v. George Snyder and U.S. Parole Commission. The court dismissed Foster's appeal of the district court's denial of his habeas corpus petition challenging the revocation of his parole by the U.S. Parole Commission. The court determined that Foster did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability. Therefore, the court dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8037

    ANTHONY C. FOSTER,
    Petitioner Appellant,
    v.
    GEORGE SNYDER,
    Respondent Appellee,
    and
    U.S. PAROLE COMMISSION,
    Respondent.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:07-hc-02172-BO)

    Submitted:

    March 19, 2009

    Decided:

    April 9, 2009

    Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Anthony C. Foster, Appellant Pro Se.


    Steve R. Matheny, Rudolf
    A. Renfer, Jr., Assistant United States Attorneys, Raleigh,
    North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Anthony C. Foster, originally convicted and sentenced
    in the superior court of the District of Columbia, seeks to
    appeal the district courts order denying his 28 U.S.C. 2241
    (2006)

    petition

    Commissions
    appealable

    challenging

    revocation
    unless

    of

    the

    his

    circuit

    United

    parole.
    justice

    States

    The
    or

    order

    judge

    Parole
    is

    issues

    not
    a

    certificate of appealability. 28 U.S.C. 2253(c)(1) (2006); see


    Madley v. United States Parole Commn, 278 F.3d 1306, 1310 (D.C.
    Cir.

    2002).

    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).
    this

    standard

    by

    demonstrating

    that

    A prisoner satisfies

    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 Foster has not made the
    requisite

    showing.

    Accordingly,

    we

    appealability and dismiss the appeal.

    deny

    certificate

    of

    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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