US v. Walter Campbell

Filing 920090918

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7047 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WALTER LOMAX CAMPBELL, Defendant -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-00812-HMH-1; 6:09-cv-70054-HMH) Submitted: August 26, 2009 Decided: September 18, 2009 Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Walter Lomax Campbell, Appellant Pro Se. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Walter Lomax Campbell 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 Campbell has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal certificate dispense appealability oral argument appeal. and 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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