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    Garrett Don Smith sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion and dismissal of a subsequent motion. The Fourth Circuit Court of Appeals determined that Smith did not make the requisite substantial showing of the denial of a constitutional right to warrant the issuance of a certificate of appealability. Accordingly, the court dismissed Smith's appeals.

    Original Description:

    Filed: 2008-10-29 Precedential Status: Non-Precedential Docket: 08-7206

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    Garrett Don Smith sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion and dismissal of a subsequent motion. The Fourth Circuit Court of Appeals determined that Smith did not make the requisite substantial showing of the denial of a constitutional right to warrant the issuance of a certificate of appealability. Accordingly, the court dismissed Smith's appeals.

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    United States v. Smith, 4th Cir. (2008)

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    Scribd Government Docs
    Garrett Don Smith sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion and dismissal of a subsequent motion. The Fourth Circuit Court of Appeals determined that Smith did not make the requisite substantial showing of the denial of a constitutional right to warrant the issuance of a certificate of appealability. Accordingly, the court dismissed Smith's appeals.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-7206

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    GARRETT DON SMITH, a/k/a/ Garrin David Smith,
    Defendant - Appellant.

    No. 08-7215

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    GARRETT DON SMITH,
    Defendant - Appellant.

    Appeals from the United States District Court for the District
    of South Carolina, at Greenville.
    G. Ross Anderson , Jr.,
    District Judge.
    (6:04-cr-00466-GRA-1; 6:08-cv-70067-GRA; 6:05cv-02932-GRA)

    Submitted:

    October 21, 2008

    Decided:

    October 29, 2008

    Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Garrett Don Smith, Appellant Pro Se.


    Leesa Washington,
    Assistant United States Attorney, Isaac Louis Johnson, Jr.,
    OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Garrett Don Smith seeks to appeal the district courts
    orders denying relief on his 28 U.S.C. 2255 (2000) motion,
    dismissing
    denying

    his

    his

    appealable

    subsequent

    motion
    unless

    to
    a

    2255

    amend
    circuit

    certificate of appealability.
    certificate

    of

    as

    motions

    as

    moot.

    justice

    successive,

    and

    orders

    not

    The

    issues

    28 U.S.C. 2253(c)(1) (2000).

    appealability

    will

    or

    not

    judge

    are

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2000).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this
    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).
    appeal

    and

    showing.
    dismiss

    We have independently reviewed the record in each


    conclude

    that

    Smith

    has

    not

    made

    the

    requisite

    Accordingly, we deny certificates of appealability and


    the

    appeals.

    We

    grant

    Smiths

    motion

    to

    amend

    the

    informal brief and 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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