US v. Steven Nadroski

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UNPUBLISHED PER CURIAM OPINION filed.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]

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US v. Steven Nadroski Doc. 0 Case: 10-6815 Document: 7 Date Filed: 10/21/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6815 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STEVEN NADROSKI, Defendant - Appellant.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 Dismissed by unpublished per curiam opinion.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 Michael Ronald Gill, States Attorney, Richmond, Virginia, for Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-6815 Document: 7 Date Filed: 10/21/2010 Page: 2 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 Page: 3 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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