US v. Steve Dias

Filing 920090916

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7190

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. STEVE DIAS, a/k/a Troy, a/k/a O'Neil Guthrie, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:04-cr-00259-HEH-2; 3:09-cv-00334-HEH)

Submitted:

September 10, 2009

Decided:

September 16, 2009

Before KING, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steve Dias, Appellant Pro Se. Olivia N. Hawkins, Michael Cornell Wallace, OFFICE OF THE UNITED STATES ATTORNEY, Stephen David Schiller, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Steve Dias seeks to appeal the district court's order dismissing as successive his 28 U.S.C.A. § 2255 (West Supp.

2009) motion. justice or

The order is not appealable unless a circuit 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 Dias has not made the requisite showing. Accordingly, we deny a certificate

of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. DISMISSED

2