US v. Wardrick

Filing 920070622

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6591 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT JUNIOR WARDRICK, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (1:01-cr00217; 1:07-cv-00400-AMD) Submitted: June 15, 2007 Decided: June 22, 2007 Before WIDENER, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Junior Wardrick, Appellant Pro Se. Debra L. Dwyer, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Junior Wardrick seeks to appeal the district court's orders denying relief on his 28 U.S.C. 2255 (2000) motion, because Wardrick had not received authorization from this court, and denying reconsideration. unless a circuit justice or The orders are not appealable issues a certificate of judge 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. Slack v. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d We have independently reviewed the 676, 683-84 (4th Cir. 2001). record and conclude Wardrick 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 - 2 -

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