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    Rashe'd v. Johnson, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit dismissed Haneef Khalil Rashe'd's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition. The court determined that Rashe'd did not make the requisite showing to receive a certificate of appealability, as reasonable jurists would not debate that the district court's assessment of Rashe'd's constitutional claims was correct or that any procedural rulings were debatable. As such, the court denied Rashe'd's motion for a certificate of appealability and dismissed the appeal without oral argument.

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    Rashe'd v. Johnson, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit dismissed Haneef Khalil Rashe'd's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition. The court determined that Rashe'd did not make the requisite showing to receive a certificate of appealability, as reasonable jurists would not debate that the district court's assessment of Rashe'd's constitutional claims was correct or that any procedural rulings were debatable. As such, the court denied Rashe'd's motion for a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2009-10-23 Precedential Status: Non-Precedential Docket: 08-6380

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    The United States Court of Appeals for the Fourth Circuit dismissed Haneef Khalil Rashe'd's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition. The court determined that Rashe'd did not make the requisite showing to receive a certificate of appealability, as reasonable jurists would not debate that the district court's assessment of Rashe'd's constitutional claims was correct or that any procedural rulings were debatable. As such, the court denied Rashe'd's motion for a certificate of appealability and dismissed the appeal without oral argument.

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    Rashe'd v. Johnson, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit dismissed Haneef Khalil Rashe'd's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition. The court determined that Rashe'd did not make the requisite showing to receive a certificate of appealability, as reasonable jurists would not debate that the district court's assessment of Rashe'd's constitutional claims was correct or that any procedural rulings were debatable. As such, the court denied Rashe'd's motion for a certificate of appealability and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6380

    HANEEF KHALIL RASHED,


    Petitioner Appellant,
    v.
    GENE M. JOHNSON, Director; MANAGER
    SERVICE; HELEN FAHEY, Parole Board,

    AT

    COURT

    AND

    LEGAL

    Respondents Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Gerald Bruce Lee, District
    Judge. (1:08-cv-00040-GBL-TRJ)

    Submitted:

    October 20, 2009

    Before TRAXLER, Chief Judge,


    HAMILTON, Senior Circuit Judge.

    Decided:

    NIEMEYER,

    October 23, 2009

    Circuit

    Judge,

    and

    Dismissed by unpublished per curiam opinion.

    Haneef Khalil Rashed, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Haneef

    Khalil

    Rashed

    seeks

    to

    appeal

    the

    district

    courts order dismissing his 28 U.S.C. 2254 (2006) petition.


    The order is not appealable unless a circuit justice or judge
    issues

    certificate

    2253(c)(1) (2006).
    issue

    absent

    constitutional
    prisoner

    substantial

    right.

    jurists

    constitutional

    appealability.

    See

    28

    U.S.C.

    A certificate of appealability will not

    satisfies

    reasonable

    of

    28

    this
    would

    claims

    by

    showing
    U.S.C.

    the

    the

    denial

    2253(c)(2)

    standard
    find

    of

    that

    district

    by

    of

    (2006).

    demonstrating

    any

    assessment

    court

    is

    a
    A

    that

    of

    the

    debatable

    or

    wrong and that any dispositive procedural ruling by the district


    See Miller-El v. Cockrell, 537

    court is likewise debatable.

    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 Rashed


    has

    not

    made

    the

    requisite

    showing.

    Accordingly,

    we

    deny

    Rasheds motion for 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.
    DISMISSED

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