US v. Ronald Olshinski, No. 09-6364 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6364 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RONALD OLSHINSKI, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:05-cr-00289-WO-1; 1:08-cv-00091-WO-WWD) Submitted: June 18, 2009 Decided: June 24, 2009 Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Olshinski, Appellant Pro Se. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ronald Olshinski seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief motion. The order is not appealable unless a circuit justice or judge issues on a his absent constitutional prisoner a substantial right. jurists constitutional of § 2255 (West Supp. appealability. 28 2009) U.S.C. A certificate of appealability will not satisfies reasonable U.S.C.A. certificate § 2253(c)(1) (2006). issue 28 28 U.S.C. this would claims by showing the the denial § 2253(c)(2) standard find of by that district of (2006). demonstrating any assessment court is a 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 Olshinski has not made the requisite showing. certificate dispense of with appealability oral argument and Accordingly, we deny a dismiss because the the appeal. facts and 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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