US v. Michael Galloway
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 1:06-cr-00309-WO-1,1:09-cv-00298-WO-PTS. Copies to all parties and the district court/agency. [998531138] [10-7441]
US v. Michael Galloway
Doc. 0
Case: 10-7441
Document: 7
Date Filed: 02/24/2011
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 10-7441
UNITED STATES OF AMERICA, Plaintiff Appellee, v. MICHAEL ANTONIO GALLOWAY, a/k/a Yoda, Defendant Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:06-cr-00309-WO-1; 1:09-cv-00298-WO-PTS)
Submitted:
January 31, 2011
Decided:
February 24, 2011
Before SHEDD, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Antonio Galloway, Hairston, Assistant United Carolina, for Appellee.
Appellant Pro Se. Sandra Jane States Attorney, Greensboro, North
Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-7441
Document: 7
Date Filed: 02/24/2011
Page: 2
PER CURIAM: Michael Antonio Galloway 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. 2010) motion. justice or The order is not appealable unless a circuit 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 right." 28 U.S.C. § 2253(c)(2) (2006). When the
district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would
find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, 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. 529 U.S. at 484-85. Slack,
We have independently reviewed the record
and conclude that Galloway has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
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Case: 10-7441
Document: 7
Date Filed: 02/24/2011
Page: 3
before
the
court
and
argument
would
not
aid
the
decisional
process. DISMISSED
3
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