United States v. Butts

U.S. Court of Appeals for the Fourth Circuit
United States v. Butts, 154 F. App'x 399 (4th Cir. 2005)

United States v. Butts

Opinion of the Court

PER CURIAM:

Lorenzo Butts, Jr., seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appeal-ability. 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 both that the district court’s assessment of the constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Butts has not made the requisite showing. Accordingly, we deny Butts’ motion for a certificate of appealability, deny his motion to allow a supplement to his application for a certificate of appealability, and dismiss the appeal. We dispense with oral argu*400tnent 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. Lorenzo BUTTS, Jr., a/k/a Lorenza Butts, a/k/a Lorenzo Butts, Defendant—Appellant
Status
Published