US v. Orion Harden
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ORION ROSS HARDEN, a/k/a Clyde Ross Hardin, a/k/a Martel Ross Harden, a/k/a Fillgoode Smith, a/k/a Orion Matel, a/k/a Ronald Blackwell, a/k/a Martell Smith, a/k/a Monte Williams, a/k/a Norman Simmons, Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. James C. Turk, Senior District Judge.(3:97-cr-70099-jct-mfu-1; 3:08-cv-800820-jct-mfu)
February 18, 2010
February 24, 2010
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Orion Ross Harden, Appellant Pro Se. Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Orion Ross Harden seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. § 2255 (West Supp.
2009) motion and his motion for reconsideration. not appealable unless a circuit justice or
The orders are judge issues a A "a
certificate of appealability. certificate of appealability
28 U.S.C. § 2253(c)(1) (2006). will not issue absent
substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2006). that A prisoner satisfies would this 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 record and Cir. 2001). that We have independently not made reviewed the the
Accordingly, we deny a certificate of appealability We dispense with oral argument because
and dismiss the appeal.
the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the
decisional process. DISMISSED
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