US v. Stanley Gill

Filing 920090422

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7688

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. STANLEY O'NEAL GILL, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:04-cr-00020-F-1; 5:07-cv-00044-F)

Submitted:

April 16, 2009

Decided:

April 22, 2009

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Stanley O'Neal Gill, Appellant Pro Se. Winnie Jordan Reaves, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Stanley court's orders O'Neal denying motion R. a Gill relief and seeks on to his his appeal 28 the district § 2255 or not a A "a

U.S.C.A. to

(West Supp. amend under

2008) Fed. unless

denying P. 59(e).

motion The or

alter are issues

Civ.

orders judge

appealable

circuit

justice

certificate of appealability. certificate of appealability

28 U.S.C. § 2253(c)(1) (2006). will not issue absent

substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2006). that A prisoner satisfies would this find

standard

demonstrating

reasonable

jurists

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). conclude that we We have independently reviewed the record and Gill deny has not made motion the for requisite a showing. of

Accordingly,

Gill's

certificate

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 2