US v. Patrick Plumlee

Filing 920100428

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6209 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PATRICK KIT PLUMLEE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, District Judge. (4:94-cr-00002-2; 4:07-cv-00049-RAJ) Submitted: April 22, 2010 Decided: April 28, 2010 Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Patrick Kit Plumlee, Appellant Pro Se. Kevin Michael Comstock, Assistant United States Attorney, Norfolk, Virginia, Stephen Wiley Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Patrick Kit Plumlee seeks to appeal the district court's order construing Plumlee's Fed. R. Crim. P. 35(a) motion pursuant to 28 U.S.C. 2255 (West Supp. 2009) and dismissing it as successive. justice or judge 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 substantial 28 constitutional prisoner reasonable right." this would by U.S.C. standard 2253(c)(2) by any satisfies jurists demonstrating assessment is of find the that 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 Plumlee has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal certificate dispense appealability oral argument appeal. and with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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