Summary
denying Petitioner's motion for a certificate of appealability and dismissing appeal from district court's order denying relief on Petitioner's application for relief pursuant to 28 U.S.C. § 2255
Summary of this case from Pirtle v. WinnOpinion
No. 08-8100.
Submitted: May 28, 2009.
Decided: June 3, 2009.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, Senior District Judge. (1:03-cr-00335-MJG-4; 1:07-cv-02634-MJG).
Ronald Pirtle, Appellant Pro Se. Richard Charles Kay, Paul M. Tiao, Assistant United States Attorneys, Baltimore, Maryland, for Appellee.
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Ronald Pirtle seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) 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 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, 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 Pirtle has not made the requisite showing. Accordingly, we deny his motion for a certificate of appealability and dismiss the appeal. Pirtle's pending motions are denied. 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.