US v. Joseph Zacarolo
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSEPH WILLIAM ZACAROLO, Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:06-cr-00036-JAB-1; 1:09-cv-00005-JABPTS)
April 22, 2010
April 28, 2010
Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Joseph William Zacarolo, Appellant Pro Se. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Joseph William Zacarolo seeks to appeal the district court's order accepting the recommendation of the magistrate
judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. justice or The order is not appealable unless a circuit issues a certificate of appealability. 28
U.S.C. § 2253(c)(1) (2006). not issue absent "a
A certificate of appealability will showing of the denial (2006). of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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 Zacarolo has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal
appealability oral argument
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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