US v. John Thompson, No. 09-6157 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6157 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JOHN VICTOR THOMPSON, Defendant Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry F. Floyd, District Judge. (8:05-cr-00521-HFF-1; 8:07-cv-70145-HFF) Submitted: May 21, 2009 Decided: May 29, 2009 Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. John Victor Thompson, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Victor Thompson 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 this would claims by U.S.C. § 2253(c)(2) standard find the by that demonstrating any district (2006). 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 Thompson has not made the certificate dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because the the we deny appeal. facts and a We 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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