UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7190
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; 3:09-cv-00334-HEH)
Submitted: September 10, 2009 Decided: September 16, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Steve Dias, Appellant Pro Se. Olivia N. Hawkins, Michael
Cornell Wallace, OFFICE OF THE UNITED STATES ATTORNEY, Stephen
David Schiller, Assistant 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Unpublished opinions are not binding precedent in this circuit.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
dismissing as successive his 28 U.S.C.A. § 2255 (West Supp.
2009) motion. The order is not appealable unless a circuit
justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1) (2006). 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) (2006). 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
before the court and argument would not aid the decisional
process.
DISMISSED
2