Steven Rast v. US
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
STEVEN Z. RAST, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Spartanburg. G. Ross Anderson, Jr., Senior District Judge. (6:02-cr-00948-GRA-1; 7:03-cr-00429-GRA-1; 7:08-cv-70087-GRA)
February 11, 2010
May 26, 2010
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Steven Z. Rast, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Steven Z. Rast seeks to appeal the district court's order denying motion. * judge denying relief his on motion his 28 for reconsideration § 2255 of the Supp. order 2009)
The order is not appealable unless a circuit justice or a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2006). issue absent "a
A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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 Rast has not made the requisite showing. Accordingly, we deny a certificate We dispense with oral
of appealability and dismiss the appeal.
argument because the facts and legal contentions are adequately
We note that the caption of the district court's order lists only Case No. 7:03-cr-00429-GRA. However, it is clear that the order also pertains to Case No. 6:02-cr-00948-GRA.
presented in the materials before the court and argument would not aid the decisional process. DISMISSED
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?