United States v. Williams
Opinion of the Court
Jimmy Lee Williams seeks to appeal from the district court’s orders dismissing as untimely his motion filed under 28 U.S.C. § 2255 (2000), and denying his motions for reconsideration. The orders are 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 his 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, 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
DISMISSED
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Jimmy Lee WILLIAMS, a/k/a Jermaine Thomas Williamson, a/k/a James Thomas Williamson, a/k/a Jerry Williamson, a/k/a Jerminie Thomas Williamson, a/k/a Jimmy Jermaine Williamson, a/k/a Kenneth Goss, Defendant—Appellant
- Status
- Published