UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7575
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CARSON DARRELL RODGERS,
Defendant - Appellant.
No. 06-6576
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CARSON DARRELL RODGERS,
Defendant - Appellant.
Appeals from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, Senior
District Judge. (1:02-cr-00374-WLO; 1:04-cv-00498)
Submitted: September 26, 2006 Decided: September 28, 2006
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Carson Darrell Rodgers, Appellant Pro Se. Michael Francis Joseph,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
In these consolidated appeals, Carson Darrell Rodgers
seeks to appeal the district court’s orders adopting the
recommendations of the magistrate judge and denying relief on his
28 U.S.C. § 2255 (2000) motion and subsequent motion to reopen
judgment under Fed. R. Civ. P. 60(b). These orders are not
appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c)(1) (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 his constitutional claims are 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 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.
Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently
reviewed the record and conclude that Rodgers has not made the
requisite showing. Accordingly, we deny Rodgers’ motions for
certificates of appealability and dismiss the appeals. 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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