US v. Michael Myers
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
October 28, 2009
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Dismissed by unpublished per curiam opinion.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.
Unpublished opinions are not binding precedent in this circuit.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
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
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 Myers has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny Myers' and dismiss the
We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional
contentions the court
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