US v. Steven Nadroski
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 4:06-cr-00027-RAJ-JEB-2 Copies to all parties and the district court/agency. [998450224] [10-6815]
US v. Steven Nadroski
Doc. 0
Case: 10-6815 Document: 7
Date Filed: 10/21/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6815 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STEVEN NADROSKI, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, District Judge. (4:06-cr-00027-RAJ-JEB-2) Submitted: October 14, 2010 Decided: October 21, 2010
Before MOTZ, KING, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Steven Nadroski, Assistant United Appellee. Appellant Pro Se. Michael Ronald Gill, States Attorney, Richmond, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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Case: 10-6815 Document: 7
Date Filed: 10/21/2010
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PER CURIAM: Steven Nadroski seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for
reconsideration of the district court's order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. not appealable unless a circuit justice or The order is issues a
judge
certificate of appealability. Reid v. Angelone, of 369 F.3d
28 U.S.C. § 2253(c)(1) (2006); 363, will 369 not (4th issue Cir. 2004). "a
A certificate
appealability
absent
substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2006). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484
prisoner
demonstrating district debatable
reasonable of v.
jurists the
find
court's or
assessment Slack
constitutional 529 U.S.
wrong.
McDaniel,
(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable
claim of the denial of a constitutional right. at 484-85. that We have independently has not reviewed the
Slack, 529 U.S. the record and
conclude
Nadroski
made
requisite
showing.
Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts 2
Case: 10-6815 Document: 7
Date Filed: 10/21/2010
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and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
process. DISMISSED
3
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