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

United States v. Davis

United States v. Davis
U.S. Court of Appeals for the Fourth Circuit · Decided July 18, 2005 · Luttig, Williams, Motz
139 F. App'x 524

United States v. Davis

Opinion

PER CURIAM:

In these consolidated appeals, Daniel Profit Davis appeals the district court’s order adopting the magistrate judge’s recommendation and denying his 28 U.S.C. § 2255 (2000) motion and the magistrate judge’s order denying his motion to amend. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. *525 § 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, 336-38, 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 Davis has not made the requisite showing. Accordingly, we deny certificates of appealability and the motions to proceed in forma pauperis and dismiss the appeals. 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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