United States v. Oakman
Opinion of the Court
Brian Maurice Oakman seeks to appeal the district court’s order denying relief on his motions filed under 28 U.S.C. § 2255 (2000), and Fed.R.Civ.P. 59(e). The orders are not appealable 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, 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 Oak-man has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We
DISMISSED
Reference
- Full Case Name
- United States v. Brian Maurice OAKMAN
- Cited By
- 1 case
- Status
- Published