US v. Garrett Smith
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GARRETT DON SMITH, a/k/a/ Garrin David Smith, Defendant - Appellant.
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GARRETT DON SMITH, Defendant - Appellant.
Appeals from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson , Jr., District Judge. (6:04-cr-00466-GRA-1; 6:08-cv-70067-GRA; 6:05cv-02932-GRA)
October 21, 2008
October 29, 2008
Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Garrett Don Smith, Appellant Pro Se. Leesa Washington, Assistant United States Attorney, Isaac Louis Johnson, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Garrett Don Smith seeks to appeal the district court's orders denying relief on his 28 U.S.C. § 2255 (2000) motion, dismissing denying his his subsequent to a § 2255 as motions moot. as The or successive, orders judge are issues and not a A "a
certificate of appealability. certificate of appealability
28 U.S.C. § 2253(c)(1) (2000). will not issue absent
substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2000). that A prisoner satisfies would this 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). appeal and We have independently reviewed the record in each conclude that Smith has not made the requisite
Accordingly, we deny certificates of appealability and the appeals. We grant Smith's motion to amend the
informal brief and 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
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