US v. Stanley Gill

Filing 920090422

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7688 UNITED STATES OF AMERICA, Plaintiff Appellee, v. STANLEY O'NEAL GILL, Defendant Appellant.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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