Michael Armstrong v. John Owen

Filing 920091124

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7336

MICHAEL NELSON ARMSTRONG, Petitioner - Appellant, v. WARDEN JOHN R. OWEN, Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (3:09-cv-01505-CMC)

Submitted:

November 17, 2009

Decided:

November 24, 2009

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Nelson Armstrong, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Michael Nelson Armstrong seeks to appeal the district court's judge to order accepting his 28 the recommendation § 2241 of the magistrate as a

dismiss 28

U.S.C.

(2006)

petition motion,

successive

U.S.C.A.

§ 2255

(West

Supp.

2009)

and

dismissing it on that basis. a circuit justice or

The order is not appealable unless judge issues a certificate of

appealability. 369 F.3d 363,

28 U.S.C. § 2253(c)(1) (2006); Reid v. Angelone, 369 (4th Cir. 2004). A certificate of

appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2006). 28 U.S.C. § 2253(c)(2)

A prisoner satisfies this standard by demonstrating

that reasonable jurists would find that any 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). We have

independently reviewed the record and conclude that Armstrong has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal

dismiss the

with

because

facts

2

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

DISMISSED

3