United States v. Rice

U.S. Court of Appeals for the Fourth Circuit
United States v. Rice, 103 F. App'x 729 (4th Cir. 2004)

United States v. Rice

Opinion of the Court

PER CURIAM.

Donald Terrell Rice seeks a certificate of appealability to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (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 Rice has not made the requisite showing. Accordingly, we deny Rice’s motion for 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

Full Case Name
United States v. Donald Terrell RICE
Cited By
1 case
Status
Published