Steven Rast v. US

Filing 920100526

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6496 STEVEN Z. RAST, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, Defendant - Appellee.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) Submitted: February 11, 2010 Decided: 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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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) U.S.C.A. (West The order is not appealable unless a circuit justice or a certificate of appealability. 28 U.S.C. issues 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 substantial 28 constitutional prisoner reasonable right." this would by 2253(c)(2) by any (2006). satisfies jurists demonstrating assessment is of 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 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. * 2 presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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