US v. Paul Casto

Filing 920090701

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8138 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PAUL FREDERICK CASTO, Defendant Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:06-cr-00041-IMK-JSK-1; 1:07-cv-00135-IMKJSK) Submitted: June 15, 2009 Decided: July 1, 2009 Before KING and Circuit Judge. SHEDD, Circuit Judges, and HAMILTON, Senior Dismissed by unpublished per curiam opinion. Paul Frederick Casto, Appellant Pro Se. Shawn Angus Morgan, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Paul court's order Frederick accepting Casto the seeks to appeal of the district recommendation the magistrate judge and denying relief on his 28 U.S.C.A. 2255 (West Supp. 2009) motion and the district court's order denying a certificate of appealability. unless a circuit justice or These orders are not appealable judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2006). 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 Casto has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. moot Casto's motion to expedite. We deny as We dispense with oral argument because the facts and legal contentions are adequately presented 2 in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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