US v. Damon Elliott, No. 09-6018 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6018 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAMON EMANUEL ELLIOTT, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:97-cr-00053-PJM-1; 8:08-cv-03291-PJM) Submitted: March 17, 2009 Decided: March 24, 2009 Before TRAXLER, KING, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Damon Emanuel Elliott, Appellant Pro Se. Stuart A. Berman, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Damon court s Emanuel order Elliott construing §§ 3600(a)(1)(A), seeks to appeal his motion filed (g)(1)(2)(A) (2006) as a the under 28 18 U.S.C. U.S.C. § 2255 (2006) motion, and dismissing it as successive. not appealable unless a circuit certificate of issues a A appealability will not or The order is 28 U.S.C. § 2253(c)(1) (2006). certificate of appealability. justice district judge issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. standard § 2253(c)(2) by (2006). demonstrating that A 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 have Elliott independently has not made reviewed the the record requisite and 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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