US v. Derrick Miller, No. 08-8033 (4th Cir. 2009)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8033 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DERRICK EARL MILLER, Defendant - Appellant. No. 08-8097 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DERRICK EARL MILLER, Defendant - Appellant. Appeals from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:04-cr-00022-HFF-1; 07-cv-70068-HFF) Submitted: May 28, 2009 Decided: Before WILKINSON, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. June 3, 2009 Derrick Earl Miller, Appellant Pro Se. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Derrick Earl Miller seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008)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 prisoner right. satisfies reasonable jurists constitutional 28 U.S.C. this would claims by § 2253(c)(2) standard find the by that district (2006). demonstrating any assessment court is A that of the 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 Miller has not made the certificates dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because the the we appeals. facts and deny We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED Miller filed two notices of appeal from the district court s order, which were docketed as separate appeals in this court. 3
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