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United States v. Humphrey, 4th Cir. (2011)
United States v. Humphrey, 4th Cir. (2011)
No. 11-6028
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge.
(2:04-cr-00025-JPB-DJJ-1; 2:08-cv-00099JPB-DJJ)
Submitted:
WYNN,
Circuit
Decided:
Judges,
and
HAMILTON,
Senior
PER CURIAM:
David H. Humphrey seeks to appeal the district courts
order accepting the recommendation of the magistrate judge and
denying
relief
motion.
judge
issues
on
his
absent
U.S.C.A.
certificate
2253(c)(1) (2006).
issue
28
of
2255
(West
Supp.
appealability.
28
2010)
U.S.C.
substantial
constitutional right.
showing
of
the
denial
of
When the
standard
by
demonstrating
that
reasonable
jurists
would
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
Slack,
and conclude that Humphrey has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeal.
before
the
court
and
argument
would
not
aid
the
decisional
process.
DISMISSED