United States v. Deleston

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6957
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DWAYNE CURTIS DELESTON,
Defendant – Appellant,
No. 09-6958
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DWAYNE CURTIS DELESTON,
Defendant - Appellant.
Appeals from the United States District Court for the District
of South Carolina, at Charleston. David C. Norton, Chief
District Judge. (2:99-cr-00751-DCN-6; 2:07-cv-70082-DCN; 2:02-
cv-03895-DCN)
Submitted: September 29, 2009 Decided: October 8, 2009
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dwayne Curtis Deleston, Appellant Pro Se. Peter Thomas
Phillips, Assistant United States Attorney, Charleston, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Dwayne Curtis Deleston seeks to appeal the district
court’s orders denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2009) motions. These orders are not appealable unless a
circuit justice or 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). 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 Deleston has
not made the requisite showing. Accordingly, we deny a
certificate of appealability and dismiss the appeals. 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
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