UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-8158

CHARLES DOUGLAS RINER,

Petitioner - Appellant,
v.
LISA EDWARDS, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
James C. Turk, Senior
District Judge. (7:07-cv-00455-JCT-MFU)

Submitted:

July 16, 2009

Decided:

July 28, 2009

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Douglas Riner,

Jeffrey, III, Assistant
for Appellee.

Appellant Pro Se.

Donald Eldridge
Attorney General, Richmond, Virginia,

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Charles
courts

order

petition.

Douglas

denying

Riner

relief

seeks

on

his

to
28

appeal
U.S.C.

absent

constitutional

reasonable

(2006)

The order is not appealable unless a circuit justice

2253(c)(1) (2006).

prisoner

district

2254

or judge issues a certificate of appealability.

issue

the

A certificate of appealability will not

substantial

right.

satisfies
jurists

constitutional

See 28 U.S.C.

28

this

by

U.S.C.

find
the

of

the

denial

2253(c)(2)

standard

would

claims

showing

by

that

district

of

(2006).

demonstrating

any

assessment

court

is

a
A

that

of

debatable

the
or

wrong and that any dispositive procedural ruling by the district

court is likewise debatable.

See 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 Riner

has not made the requisite showing.

Accordingly, we deny a

certificate of appealability and dismiss the appeal.

Riners motions for appointment of counsel.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

We deny

We dispense with

legal
before

contentions
the

court

are
and

argument would not aid the decisional process.

DISMISSED