UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7660
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
STEVE DIAS, a/k/a Troy, a/k/a O’Neil Guthrie,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:04-cr-00259-HEH-2; 3:07-cv-00384-HEH)
Submitted: January 13, 2009 Decided: January 16, 2009
Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Steve Dias, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF THE
UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Steve Dias seeks to appeal the district court’s order
treating his petition for a writ of audita querela as a
28 U.S.C. § 2255 (2000) motion, and dismissing it as successive.
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)
(2000); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). 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 Dias 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 contentions are adequately presented in the materials
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before the court and argument would not aid the decisional
process.
DISMISSED
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