US v. Ernest Deas
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff Appellee, v. ERNEST MORDEAU DEAS, Defendant Appellant.
Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., Senior District Judge. (8:05-cr-00524-HMH-2; 8:09-cv-70017)
October 20, 2009
October 26, 2009
Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Ernest Mordeau Deas, Appellant Pro Se. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Ernest Mordeau Deas 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
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 Deas has not made the requisite showing. a certificate with of Accordingly, we deny the motion for and dismiss the the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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