United States v. Hooks

U.S. Court of Appeals for the Fourth Circuit
United States v. Hooks, 147 F. App'x 394 (4th Cir. 2005)

United States v. Hooks

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7015

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

FREDERICK DOUGLAS HOOKS,

Defendant - Appellant.

No. 05-7075

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

FREDERICK DOUGLAS HOOKS,

Defendant - Appellant.

Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CR-02-547; CA-05-346-1)

Submitted: October 20, 2005 Decided: October 31, 2005

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion.

Frederick Douglas Hooks, Appellant Pro Se. LeDora Knight, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Frederick Douglas Hooks seeks to appeal the district

court’s orders denying as untimely 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); Reid v. Angelone,

369 F.3d 363, 369-70

(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

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

(2003); Slack

v. McDaniel,

529 U.S. 473, 484

(2000); Rose v. Lee,

252 F.3d 676, 683

(4th Cir. 2001). We have independently reviewed the record and

conclude that Hooks has not made the requisite showing.

Accordingly, we deny a certificate of appealability 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

- 3 -

Reference

Status
Unpublished