US v. Anthony Hutchinson
Filing
920090903
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-6826
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY RANIER HUTCHINSON, Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Matthew J. Perry, Jr., Senior District Judge. (0:04-cr-00358-MJP-1; 0:06-cv-70006-MJP)
Submitted:
August 26, 2009
Decided: September 3, 2009
Before TRAXLER, Judges.
Chief
Judge,
and
GREGORY
and
SHEDD,
Circuit
Dismissed by unpublished per curiam opinion.
Anthony Ranier Hutchinson, Appellant Pro Se. Jimmie Ewing, Assistant United States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Anthony Ranier Hutchinson seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability
will not issue absent "a substantial showing of the denial of a constitutional prisoner reasonable right." this would by 28 U.S.C. standard find the that § 2253(c)(2) by any (2006). A that the or
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 Hutchinson has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
dismiss the
with
because
facts
contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
2
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