US v. William Gadd, No. 09-6361 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6361 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM SANFORD GADD, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Senior District Judge. (1:02-cr-00240-1; 1:07-cv-00311) Submitted: June 22, 2009 Decided: June 30, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. William Sanford Gadd, Appellant Pro Se. Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William court s order Sanford accepting Gadd the seeks to appeal recommendation of the the district magistrate judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. justice or The order is not appealable unless a circuit judge issues a certificate U.S.C. § 2253(c)(1) (2006). not issue absent constitutional prisoner reasonable a satisfies jurists constitutional 28 this would claims by appealability. 28 A certificate of appealability will substantial right. of showing U.S.C. the the § 2253(c)(2) standard find of that district by any denial (2006). demonstrating assessment court is of a A that of debatable the 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 Gadd has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauperis, 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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