United States v. Dorsey

U.S. Court of Appeals for the Fourth Circuit
United States v. Dorsey, 88 F. App'x 667 (4th Cir. 2004)

United States v. Dorsey

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7498

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KEVIN D. DORSEY,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, Senior District Judge. (CR-98-214-MJG, CA-03-1999-MJG)

Submitted: February 13, 2004 Decided: March 3, 2004

Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kevin D. Dorsey, Appellant Pro Se. Donna Carol Sanger, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Kevin D. Dorsey, a federal prisoner, seeks to appeal the

district court’s order denying relief on 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 for claims

addressed by a district court 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 both that the district court’s resolution of his

constitutional claims is debatable or wrong 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, 684

(4th Cir. 2001). We have independently reviewed

the record and conclude that Dorsey 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

Reference

Status
Unpublished