US v. Damon Elliott

Filing 920090324

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6018

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAMON EMANUEL ELLIOTT, Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:97-cr-00053-PJM-1; 8:08-cv-03291-PJM)

Submitted:

March 17, 2009

Decided:

March 24, 2009

Before TRAXLER, KING, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Damon Emanuel Elliott, Appellant Pro Se. Stuart A. Berman, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Damon court's order Emanuel Elliott his seeks motion (2006) to appeal the district U.S.C. § 2255

construing

filed as a

under 28

18

§§ 3600(a)(1)(A),

(g)(1)(2)(A)

U.S.C.

(2006) motion, and dismissing it as successive. not appealable unless a circuit justice or

The order is issues a A "a

judge

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

conclude

Elliott

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 2