US v. Spotts

Filing 920070423

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7881

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KELVIN ANDRE SPOTTS, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:98-cr-00047-1; 3:06-cv-00109)

Submitted:

April 19, 2007

Decided:

April 23, 2007

Before NIEMEYER, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kelvin Andre Spotts, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Kelvin Andre Spotts seeks to appeal the district court's order denying his motion for a certificate of appealability. A

certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." § 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by any

demonstrating

reasonable

jurists

find

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 (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 Spotts has not made the requisite showing. Accordingly, we deny a certificate of We also deny Spotts' two

appealability and dismiss the appeal.

motions for a specific finding, his motion to stay all proceedings, and his motion to amend his request for a certificate of

appealability, all filed on April 2, 2007.

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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