US v. Scott Rendelman

Filing 920090122

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7646

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. SCOTT LEWIS RENDELMAN, Defendant ­ Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:07cr-00331-RWT-1; 8:08-cv-01832-RWT)

Submitted:

January 15, 2009

Decided:

January 22, 2009

Before MOTZ and Circuit Judge.

SHEDD,

Circuit

Judges,

and

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Scott Lewis Rendelman, Appellant Pro Se. James Marton Trusty, Assistant United Greenbelt, Maryland, for Appellee.

Stacy Dawson Belf, States Attorneys,

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Scott court's order Lewis denying Rendelman his 28 seeks to appeal the district motion as

U.S.C.

§ 2255

(2000)

premature. or judge

The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). issue absent "a

A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or

substantial 28

constitutional prisoner reasonable

right." this would by

§ 2253(c)(2) by any

(2000).

satisfies jurists

demonstrating assessment is of

constitutional

claims

district

court

debatable

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 Rendelman has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal

dismiss the

with

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

2