United States v. Bellamy , 358 F. App'x 436 ( 2009 )


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  • Dismissed by unpublished PER CURIAM opinion.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:

    James Larry Bellamy seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appeal-ability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Bellamy has not made the requisite showing. Accordingly, we deny Bellamy’s motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the ma*437terials before the court and argument would not aid the decisional process.

    DISMISSED.

Document Info

Docket Number: No. 09-7386

Citation Numbers: 358 F. App'x 436

Judges: Agee, Niemeyer, Wilkinson

Filed Date: 12/29/2009

Precedential Status: Precedential

Modified Date: 11/5/2024