US v. Aubin, No. 05-6427 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6427 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PATRICK JEAN AUBIN, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., District Judge. (CR-01-49; CA-04-705-1) Submitted: December 21, 2005 Decided: January 18, 2006 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Patrick Jean Aubin, Appellant Pro Se. Steven Hale Levin, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Patrick Jean Aubin seeks to appeal the district court s order adopting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2000) motion. not appealable unless a circuit issues a 28 U.S.C. § 2253(c)(1) (2000). certificate of appealability. justice or The order is judge A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. § 2253(c)(2) demonstrating constitutional (2000). that A prisoner reasonable claims are satisfies jurists debatable and would that this 28 U.S.C. standard find any that by his 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 Aubin has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Aubin s motion for appointment of counsel. 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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