US v. Eddie Carringer
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EDDIE DEWAYNE CARRINGER, Defendant Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Lacy H. Thornburg, District Judge. (2:00-cr-00018-LHT-2; 2:08-cv-00015-LHT)
November 14, 2008
December 16, 2008
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eddie Dewayne Carringer, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Eddie Dewayne Carringer seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for
reconsideration of the district court's order denying relief on his 28 U.S.C. § 2255 (2000) motion. unless a circuit justice or judge The order is not appealable issues a certificate of
appealability. 369 F.3d 363,
28 U.S.C. § 2253(c)(1) (2000); Reid v. Angelone, 369 (4th Cir. 2004). A certificate of
appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2000). 28 U.S.C. § 2253(c)(2)
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). We have
independently reviewed the record and conclude that Carringer has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We 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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