US v. Ernest Kegler, Jr.

Filing 920091221

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7544 UNITED STATES OF AMERICA, Plaintiff Appellee, v. ERNEST LELAND KEGLER, JR., a/k/a Boonie, Defendant Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:04-cr-00012-1; 2:06-cv-00339) Submitted: December 15, 2009 Decided: December 21, 2009 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ernest Leland Kegler, Jr., Appellant Pro Se. Monica Dillon, Assistant United States Attorney, Charleston, Virginia, for Appellee. Lynn West Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ernest district court's Leland order Kegler, accepting Jr., the seeks to appeal of the the recommendation magistrate judge and 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 Kegler has not made the requisite showing. Accordingly, we deny Kegler's motion to appoint counsel, deny a certificate of appealability, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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