US v. Nick Halteh

Filing 920090120

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7708

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NICK HALTEH, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:05-cr-00068-GBL-1; 1:08-cv-00534-GBL)

Submitted:

January 13, 2009

Decided:

January 20, 2009

Before WILLIAMS, Judges.

Chief

Judge,

and

TRAXLER

and

KING,

Circuit

Dismissed by unpublished per curiam opinion.

Nick Halteh, Appellant Pro Se. Jonathan Leo Fahey, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Nick Halteh seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order

is not appealable unless a circuit justice or judge issues a certificate of appealability. certificate of appealability 28 U.S.C. § 2253(c)(1) (2000). will not issue absent A "a

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

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). that We have independently has not made reviewed the the record and

conclude

Halteh

requisite

showing.

Accordingly, we deny a certificate of 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

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