US v. Anthony Gamble, No. 13-6102 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6102 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY MARVIN GAMBLE, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:10-cr-00020-DCN-1; 2:11-cv-03339-DCN) Submitted: July 30, 2013 Decided: August 14, 2013 Before MOTZ, SHEDD, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Anthony Marvin Gamble, Appellant Pro Se. Matthew J. Modica, Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Marvin Gamble seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2013) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district that court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief demonstrate on both procedural that the When the district court grounds, dispositive the prisoner procedural must ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Gamble has not made the requisite showing. deny Gamble s certificate dispense of with motion for appointment appealability, and oral because argument 2 of dismiss the Accordingly, we counsel, the deny appeal. facts and a We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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