UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7881
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KELVIN ANDRE SPOTTS,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:98-cr-00047-1; 3:06-cv-00109)
Submitted: April 19, 2007 Decided: April 23, 2007
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kelvin Andre Spotts, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kelvin Andre Spotts seeks to appeal the district court’s
order denying his motion for a certificate of appealability. 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 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). We have
independently reviewed the record and conclude that Spotts has not
made the requisite showing. Accordingly, we deny a certificate of
appealability and dismiss the appeal. We also deny Spotts’ two
motions for a specific finding, his motion to stay all proceedings,
and his motion to amend his request for a certificate of
appealability, all filed on April 2, 2007. 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 -