US v. William Gadd

Filing 920090630

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6361

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM SANFORD GADD, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Senior District Judge. (1:02-cr-00240-1; 1:07-cv-00311)

Submitted:

June 22, 2009

Decided:

June 30, 2009

Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Sanford Gadd, Appellant Pro Se. Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: William court's order Sanford Gadd the seeks to appeal of the district

accepting

recommendation

the

magistrate

judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. justice or The order is not appealable unless a circuit issues a certificate of appealability. 28

judge

U.S.C. § 2253(c)(1) (2006). not issue absent "a

A certificate of appealability will showing of the denial (2006). of a A that the or

substantial 28

constitutional prisoner reasonable

right." this would by

U.S.C. standard

§ 2253(c)(2) by any

satisfies jurists

demonstrating assessment is of

find the

that

constitutional

claims

district

court

debatable

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 Gadd has not made the requisite showing. Accordingly, we deny leave to

proceed in forma pauperis, 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