US v. Damon Dade, No. 08-7677 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7677 DAMON DADE, a/k/a Johnny, Defendant - Appellant, v. UNITED STATES OF AMERICA, Plaintiff - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (1:99-cr-00425-JCC-1) Submitted: December 16, 2008 Decided: December 24, 2008 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Damon Dade, Appellant Pro Se. Dennis Michael Fitzpatrick, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Damon Dade seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. certificate of 28 U.S.C. § 2253(c)(1) (2000). appealability will not issue absent A a substantial showing of the denial of a constitutional right. 28 U.S.C. standard § 2253(c)(2) by (2000). demonstrating A that prisoner reasonable satisfies jurists would this find that any assessment of the constitutional claims by the district court is 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). conclude We that Accordingly, we have Dade deny independently has not Dade s made motion appealability and dismiss the appeal. reviewed the for the record requisite a and showing. certificate of 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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