US v. Michael Myers

Filing 920091112

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7007

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL F. MYERS, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:06-cr-01275-HMH-1; 6:09-cv-70027-HMH)

Submitted:

October 28, 2009

Decided:

November 12, 2009

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael F. Myers, Appellant Pro Se. David Calhoun Assistant United States Attorney, Greenville, South for Appellee.

Stephens, Carolina,

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Michael F. Myers seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. judge The order is not appealable unless a circuit justice or issues 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

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 Myers has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny Myers' and dismiss the

appealability

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. DISMISSED

2