U.S. Court of Appeals for the Fourth Circuit, 2005

United States v. Holland

United States v. Holland
U.S. Court of Appeals for the Fourth Circuit · Decided June 21, 2005 · Niemeyer, Williams, Gregory
134 F. App'x 639

United States v. Holland

Opinion

PER CURIAM:

Twannette Holland, a federal prisoner, seeks to appeal the district court’s order denying relief on her 28 U.S.C. § 2255 (2000) motion. This order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1); see Reid v. Angelone, 369 F.3d 363, 368-69, 374 n. 7 (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 the district court’s assessment of his constitutional claims is debatable and that any dispositive procedural findings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (20603); 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 Holland has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.

We also deny Holland’s motions for appointment of counsel and for leave to proceed in forma pauperis. 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

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