United States v. Hall

U.S. Court of Appeals for the Fourth Circuit
United States v. Hall, 157 F. App'x 587 (4th Cir. 2005)

United States v. Hall

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6778

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ARLENE HOWARD HALL,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-01-178; CA-05-123-1-V)

Submitted: November 22, 2005 Decided: December 5, 2005

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Arlene Howard Hall, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Arlene Howard Hall, a federal prisoner, seeks to appeal

the district court’s order denying relief on her motion filed under

28 U.S.C. § 2255

(2000). The order is 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 the district court’s assessment of her

constitutional claims is debatable or wrong 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

(2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000); Rose v.

Lee,

252 F.3d 676, 683-84

(4th Cir. 2001). We have independently

reviewed the record and conclude that Hall has not made the

requisite showing. Accordingly, we deny 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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Reference

Status
Unpublished