U.S. v. MILLER, 326 Fed.Appx. 239 (4th Cir. 2009)
UNITED STATES of America, Plaintiff-Appellee, v. Derrick Earl MILLER,Defendant-Appellant. United States of America, Plaintiff-Appellee, v.Derrick Earl Miller, Defendant-Appellant.
Nos. 08-8033, 08-8097.United States Court of Appeals, Fourth Circuit.Submitted: May 28, 2009.
Decided: June 3, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeals from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:04-cr-00022-HFF-1; 07-cv-70068-HFF).
Derrick Earl Miller, Appellant Pro Se. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee.
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Derrick Earl Miller seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2255
(West Supp. 2008) motion.[fn*] The order is not appealable unless a circuit justice or judge issues a certificate of appealability.28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantialPage 240
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 Miller has not made the requisite showing. Accordingly, we deny certificates of appealability and dismiss the appeals. 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.
[fn*] Miller filed two notices of appeal from the district court's order, which were docketed as separate appeals in this court.