United States v. Goodson
Opinion
Rodney Goodson, a federal prisoner, seeks to appeal the district court’s orders denying his Fed.R.Civ.P. 60(b) motion concerning the court’s previous denial of his 28 U.S.C. § 2255 (2000) motion, * denying his motion for reconsideration, and denying a certificate of appealability. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363, 370 (4th Cir. 2004). 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Good-son 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
The district court accepted the findings and recommendation of a magistrate judge, and Goodson had not filed any objections to the magistrate judge’s findings and recommendation.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee, v. Rodney GOODSON, Defendant—Appellant
- Status
- Unpublished