US v. Guiseppe Wallace, Jr.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GUISEPPE L. WALLACE, JR., Defendant - Appellant.
Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Thomas E. Johnston, Magistrate Judge. (5:02-cr-00101-2; 5:05-cv-00252)
Submitted: May 22, 2008
May 27, 2008
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Guiseppe L. Wallace, Jr., Appellant Pro Se. John Lanier File, OFFICE OF THE UNITED STATES, Beckley, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Guiseppe Wallace, Jr., seeks to appeal the district court's order rejecting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2000) 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." § 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by 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 (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 Wallace has not made the requisite showing. Accordingly, we deny Wallace's motion We
for a certificate of appealability and dismiss the appeal.
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.
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