US v. David Henderson

Filing 920091123

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7132

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. DAVID HENDERSON, a/k/a Charldrick James Robinson, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:05-cr-00163-FL-1; 5:08-cv-00319-FL)

Submitted:

November 17, 2009

Decided:

November 23, 2009

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Henderson, Appellant Pro Se. Anne Margaret Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: David Henderson seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2006) motion. The order

is not appealable unless a circuit justice or judge issues a certificate of appealability. certificate of appealability 28 U.S.C. § 2253(c)(1) (2006). will not issue absent A "a

substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). demonstrating that A prisoner satisfies this standard by jurists would find that any

reasonable

assessment of the constitutional claims by the district court is debatable or 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). that We have independently has not reviewed the the record and

conclude

Henderson

made

requisite

showing.

Accordingly, we deny his motion to supplement the record, deny a certificate dispense of appealability, oral argument and dismiss the the appeal. and We legal

with

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED 2