US v. Darren Keys

Filing 920080725

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6461

UNTIED STATES OF AMERICA, Plaintiff - Appellee, v. DARREN L. KEYS, Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:98-cr-00144-CCB-1; 1:07-cv-02049-CCB)

Submitted:

July 22, 2008

Decided:

July 25, 2008

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darren L. Keys, Appellant Pro Se. Assistant United States Attorney, Appellee.

Harvey Ellis Eisenberg, Baltimore, Maryland, for

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Darren L. Keys seeks to appeal the district court's marginal order denying relief on his "motion"* filed in his 28 U.S.C. § 2255 (2000) action. The order is not appealable unless a

circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). not issue absent "a A certificate of appealability will showing of the denial of a

substantial

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. 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). and conclude that Keys We have independently reviewed the record 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

The motion was titled "Emergency Motion for Correction of Court's Records to Clarify Case Number Given to First and Only § 2255 Under Fed. R. Civ. P. Rule 60(a) and Fed. R. Cr. P. 36 and Privacy Act Under 5 USC § 552a and 60(b)." (R. 78). - 2 -

*