US v. Davis, No. 05-6089 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6089 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL Y. DAVIS, a/k/a Numba, a/k/a Jamaican Mike, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CR-01-120; CA-04-1183-1) Submitted: November 28, 2005 Decided: January 10, 2006 Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Stephen Douglas Halfhill, ALLRED, BACON, HALFHILL, LANDAU & YOUNG, Fairfax, Virginia; Page Anthony Pate, Atlanta, Georgia, for Appellant. Rebeca Hidalgo Bellows, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Michael Y. Davis seeks to appeal the district court s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). judge The order is not appealable unless a circuit justice or 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 his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See 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 Davis 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 - 2 -

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