UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7727
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VICTOR WARDELL WRIGHT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge.
(8:06-cr-00038-DKC; 8:07-cv-02707-DKC)
Submitted: February 28, 2008 Decided: March 10, 2008
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Victor Wardell Wright, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Victor Wardell Wright seeks to appeal the district
court’s order dismissing without prejudice his 28 U.S.C. § 2255
(2000) motion because Wright’s direct appeal of his conviction was
still pending, and noting that Wright may file a new § 2255 motion
upon the conclusion of direct review.* The order is 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 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 Wright has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the
appeal. We dispense with oral argument because the facts and legal
*
Wright titled his motion as a Fed. R. Civ. P. 60(b) request
for reconsideration. However, the rules of civil procedure do not
apply in criminal cases, so the district court did not err in
addressing this motion as one under 28 U.S.C. § 2255.
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
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