US v. Sammy O'Quinn
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SAMMY RAY O'QUINN, Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:02-cr-00050-TDS-1; 1:04-cv-00251-TDS)
July 10, 2009
July 20, 2009
Before MOTZ, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sammy Ray O'Quinn, Appellant Pro Se. Sandra Jane Hairston, Assistant United Sates Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Sammy Ray O'Quinn seeks to appeal the district court's order adopting the magistrate judge's recommendation and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The
order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of appealability 28 U.S.C. § 2253(c)(1) (2006). will not issue absent "a
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
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
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
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