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No. 12-7879
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon.
James P. Jones, District
Judge. (1:06-cr-00046-JPJ-1; 1:10-cv-80213-JPJ)
Submitted:
Decided:
PER CURIAM:
Rodney
courts
order
Edward
denying
Stewart
his
seeks
Fed.
R.
to
Civ.
appeal
P.
the
60(b)
district
motion
for
circuit
justice
judge
appealability.
See
certificate
appealability
of
28
or
U.S.C.
issues
certificate
2253(c)(1)(B)
will
not
(2006).
issue
absent
of
A
a
on
the
demonstrating
district
merits,
that
courts
debatable
or
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
constitutional
529
U.S.
by
that
the
claims
is
473,
484
is
debatable,
and
that
the
motion
states
debatable
at 484-85.
We have independently reviewed the record and conclude
that Stewart has not made the requisite showing.
Accordingly,
brief,
and
supplemental
informal
brief
as
an
See
United States v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003).
In order to obtain authorization to file a successive 2255
motion, a prisoner must assert claims based on either: (1) newly
discovered
evidence,
not
previously
discoverable
by
due
evidence
that,
but
for
constitutional
error,
no
claims
not
satisfy
either
of
these
criteria.
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED