US v. Anthony Hutchinson, No. 09-6826 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6826 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY RANIER HUTCHINSON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Matthew J. Perry, Jr., Senior District Judge. (0:04-cr-00358-MJP-1; 0:06-cv-70006-MJP) Submitted: August 26, 2009 Before TRAXLER, Judges. Chief Judge, Decided: September 3, 2009 and GREGORY and SHEDD, Circuit Dismissed by unpublished per curiam opinion. Anthony Ranier Hutchinson, Appellant Pro Se. Jimmie Ewing, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Ranier Hutchinson seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional prisoner right. satisfies reasonable jurists constitutional 28 this would claims by U.S.C. § 2253(c)(2) standard find the by that district (2006). demonstrating any assessment court is 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 Hutchinson 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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