United States v. Williams

U.S. Court of Appeals for the Fourth Circuit
United States v. Williams, 82 F. App'x 76 (4th Cir. 2003)

United States v. Williams

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7312

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RANDY GEAN WILLIAMS, a/k/a Malik Strong,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CR-99-116, CA-03-134-2)

Submitted: November 19, 2003 Decided: December 4, 2003

Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Randy Gean Williams, Appellant Pro Se. Laura P. Tayman, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Randy Gean Williams seeks to appeal the district court’s order

dismissing his motion filed under

28 U.S.C. § 2255

(2000). An

appeal may not be taken from the final order in a § 2255 proceeding

unless a circuit justice or judge issues a certificate of

appealability.

28 U.S.C. § 2253

(c)(1) (2000). 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) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that his constitutional claims are debatable and

that any dispositive procedural rulings by the district court are

also debatable or wrong. See Miller-El v. Cockrell,

537 U.S. 322, 336

(2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000); Rose v.

Lee,

252 F.3d 676, 683

(4th Cir. 2001). We have independently

reviewed the record and conclude that Williams 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

Reference

Status
Unpublished