US v. James Phifer

Filing 920090616

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8313

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. JAMES EDWARD PHIFER, a/k/a Rick Daye, Defendant ­ Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:94-cr-00041-RLV-1; 5:02-cv-00062RLV)

Submitted:

June 3, 2009

Decided:

June 16, 2009

Before MICHAEL, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Edward Phifer, Appellant Pro Se. Keith Michael Cave, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James Edward Phifer seeks to appeal the district

court's order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) motion and has moved this court for a certificate of appealability. A certificate of appealability will not issue

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

standard

reasonable

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 record (4th and Cir. 2001). that We have independently not made reviewed the the

conclude

Phifer

has

requisite

showing.

Accordingly, we deny Phifer's motion for a certificate We dispense with oral

of appealability and dismiss the appeal.

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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