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United States v. Day, 4th Cir. (2010)
United States v. Day, 4th Cir. (2010)
No. 09-8244
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Senior District Judge. (1:07-cr-00032-NCT-1; 1:08-cv-00456-NCTPTS)
Submitted:
Decided:
PER CURIAM:
William Quinn Day seeks to appeal the district courts
order accepting the recommendation of the magistrate judge and
denying
relief
motion.
judge
issues
on
his
absent
constitutional
prisoner
reasonable
substantial
right.
jurists
of
2255
(West
Supp.
appealability.
28
2009)
U.S.C.
satisfies
constitutional
U.S.C.A.
certificate
2253(c)(1) (2006).
issue
28
28
this
by
U.S.C.
find
the
of
the
2253(c)(2)
standard
would
claims
showing
that
by
of
(2006).
demonstrating
any
district
denial
assessment
court
is
a
A
that
of
debatable
the
or
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 Day has not
made the requisite showing.