US v. Michael Myers

Filing 920091112

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7007 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL F. MYERS, Defendant - Appellant.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 Dismissed by unpublished per curiam opinion.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 Stephens, Carolina, Unpublished opinions are not binding precedent in this circuit.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

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