UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6813
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVID HILL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, District
Judge. (CR-01-191; CA-04-1249)
Submitted: December 30, 2005 Decided: January 26, 2006
Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Hill, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David Hill, a federal prisoner, seeks to appeal the
district court’s order dismissing his 28 U.S.C. § 2255 (2000)
motion. 28 U.S.C. § 2244(d)(1) (2000). The order is not
appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c) (2000). A certificate of
appealability will not issue absent “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).
A prisoner satisfies this standard by demonstrating that reasonable
jurists would find that the district court’s assessment of his
constitutional claims is debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong. See 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 Hill has not made the requisite showing.
Accordingly, although we grant Hill’s motion to supplement his
pleadings, we deny a certificate of appealability and dismiss the
appeal.
Hill also petitions this court for writ of mandamus,
alleging the district court has unduly delayed acting on his motion
for a new trial. He seeks an order from this court directing the
district court to act. We find there has been no undue delay in
the district court. Accordingly, we deny the mandamus petition.
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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
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