United States v. Williams
Opinion of the Court
Thomas Williams, a federal prisoner, seeks to appeal the district court’s order dismissing as untimely his motion filed under 28 U.S.C. § 2255 (2000), and denying a subsequent motion to alter or amend the judgment. These 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 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,
DISMISSED
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Thomas WILLIAMS, Defendant—Appellant
- Status
- Published