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

United States v. Thigpen

United States v. Thigpen
U.S. Court of Appeals for the Fourth Circuit · Decided September 16, 2005 · Niemeyer, Traxler, King
143 F. App'x 548

United States v. Thigpen

Opinion

*549 PER CURIAM:

Derrick Ramon Thigpen seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion and denying his subsequent motion to reconsider pursuant to Fed.R.Civ.P. 60(b). 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 Thigpen has not made the requisite showing. Accordingly, we deny Thigpen’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

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