United States v. Keys , 285 F. App'x 67 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6461
UNTIED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARREN L. KEYS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:98-cr-00144-CCB-1; 1:07-cv-02049-CCB)
Submitted: July 22, 2008 Decided: July 25, 2008
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darren L. Keys, Appellant Pro Se. Harvey Ellis Eisenberg,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darren L. Keys seeks to appeal the district court’s
marginal order denying relief on his “motion”* filed in his 28
U.S.C. § 2255 (2000) action. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability. 28
U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner
satisfies this standard by demonstrating that reasonable jurists
would find that any assessment of the constitutional claims by the
district court is debatable or 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 Keys 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 before the
court and argument would not aid the decisional process.
DISMISSED
*
The motion was titled “Emergency Motion for Correction of
Court’s Records to Clarify Case Number Given to First and Only
§ 2255 Under Fed. R. Civ. P. Rule 60(a) and Fed. R. Cr. P. 36 and
Privacy Act Under 5 USC § 552a and 60(b).” (R. 78).
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