U.S. v. GILMORE, 327 Fed.Appx. 396 (4th Cir. 2009)
UNITED STATES of America, Plaintiff-Appellee, v. Jessie TramontGILMORE, a/k/a J-Pooh, Defendant-Appellant.
No. 09-6176.United States Court of Appeals, Fourth Circuit.Submitted: June 18, 2009.
Decided: June 23, 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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]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 Virginia, at Newport News. Mark S. Davis, District Judge. (4:04-cr-00108-WDK-FBS-1; 4:06-cv-00039-WDK-FBS).
Jessie Tramont Gilmore, Appellant Pro Se. Eric Matthew Hurt, Assistant United States Attorney, Newport News, Virginia, for Appellee.
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jessie Tramont Gilmore seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2255
(West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.Page 397
397 § 2253(c)(1) (2006). 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 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); Rose v.Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Gilmore 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.
DISMISSED.