US v. Deon Webb, No. 09-7357 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7357 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEON J. WEBB, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:04-cr-00012-FPS-JES-1; 5:07-cv-00027-FPS-JES) Submitted: February 18, 2010 Decided: February 24, 2010 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Deon J. Webb, Appellant Pro Se. David J. Perri, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Deon J. Webb 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 reasonable a substantial right. jurists of § 2255 (West Supp. appealability. 28 2009) U.S.C. A certificate of appealability will not satisfies constitutional U.S.C.A. certificate § 2253(c)(1) (2006). issue 28 28 this by U.S.C. find the of the § 2253(c)(2) standard would claims showing that by of (2006). demonstrating any district denial assessment court is a A that of debatable the or wrong and that any dispositive procedural ruling by the district Miller-El v. Cockrell, 537 U.S. court is likewise debatable. 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 Webb has not made the requisite showing. Accordingly, we 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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