United States v. Frierson

U.S. Court of Appeals for the Fourth Circuit
United States v. Frierson, 158 F. App'x 429 (4th Cir. 2005)

United States v. Frierson

Opinion

PER CURIAM:

In these consolidated appeals, Jerry L. Frierson, a federal prisoner, seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion and denying reconsideration under Fed.R.Civ.P. 59(e), 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); see Reid v. Angelone, 369 F.3d 363 (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). This standard is satisfied by demonstrating that reasonable jurists would find the district court’s assessment of Frierson’s constitutional claims 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 Frierson 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

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Jerry L. FRIERSON, Defendant—Appellant
Status
Unpublished