United States v. Mark Mayes
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARK KEVIN MAYES, Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:07-cv-00132; 4:02-cr-70110-JLK)
May 16, 2008
June 4, 2008
Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mark Kevin Mayes, Appellant Pro Se. Anthony Paul Giorno, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Mark Kevin Mayes seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2000) motion. not appealable unless a circuit justice or The order is issues a A
certificate of appealability.
28 U.S.C. § 2253(c)(1) (2000).
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 Mayes has not made the requisite showing. Accordingly, we deny a certificate of
appealability, deny Mayes's motion to appoint counsel, 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.
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