US v. Emory Chiles, No. 09-7440 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7440 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EMORY TAYLOR CHILES, Defendant -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. (5:05-cr-00018-FPS-JES-1; 5:07-cv00065-FPS-JES) Submitted: December 17, 2009 Decided: December 29, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Emory Taylor Chiles, Appellant Pro Se. Randolph John Bernard, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Emory court s order Taylor Chiles accepting the seeks to appeal recommendation of the the district magistrate judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) 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 a satisfies reasonable jurists constitutional 28 this would claims by appealability. 28 A certificate of appealability will substantial right. of showing U.S.C. the the denial § 2253(c)(2) standard find of by that district (2006). demonstrating any assessment court is of 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 Chiles has not made the certificate dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because 2 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 3

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