US v. Roy Sargeant

Filing 920100225

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7871

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. ROY PATRICK SARGEANT, a/k/a Sarge, a/k/a Cee, Defendant ­ Appellant.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Joseph F. Anderson, Jr., District Judge. (0:04-cr-00898-JFA-1, 0:08-cv-70137-JFA)

Submitted:

February 18, 2010

Decided:

February 25, 2010

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roy Patrick Sargeant, Appellant Pro Se. Stacey Denise Haynes, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Roy court's order Patrick Sargeant relief seeks on to his appeal 28 the district § 2255

denying

U.S.C.A.

(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 Sargeant has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny Sargeant's appealability and dismiss the

We dispense with oral argument because the facts and are and adequately argument presented not in the the materials decisional

contentions the court

would

aid

process. DISMISSED

2