U.S. v. MILLER, 321 Fed.Appx. 278 (4th Cir. 2009)
UNITED STATES of America, Plaintiff-Appellee, v. Brandon RasheedMILLER, Defendant-Appellant.
No. 08-8384.United States Court of Appeals, Fourth Circuit.Submitted: February 5, 2009.
Decided: April 9, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeal from the United States District Court for the Eastern District of NorthPage 279
Carolina, at Raleigh. James C. Dever III, District Judge. (5:06-cr-00175-D; 5:08-cv-00006-D).
Brandon Rasheed Miller, Appellant Pro Se. Kelly Michele Perry, Office of the United States Attorney, Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee.
Before WILKINSON, GREGORY, and AGEE, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brandon Rasheed Miller seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2255 (West 2000 Supp. 2008) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability.28 U.S.C. § 2253(c)(1) (2000). 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) (2000). 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, 336-38,123 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); Rosev. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Miller has not made the requisite showing. Accordingly, we deny Miller's 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.