United States v. Grant
Opinion of the Court
Clifton Anthony Grant seeks to appeal the district court’s order construing his “Motion to Dismiss the Case for Lack of Jurisdiction” as a 28 U.S.C. § 2255 (2000) motion, and dismissing the motion as successive. 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 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 Grant has not made the requisite showing. Accordingly, we deny a certifi
DISMISSED
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Clifton Anthony GRANT, a/k/a Cliff, Defendant—Appellant
- Status
- Published