United States v. Antley

U.S. Court of Appeals for the Fourth Circuit
United States v. Antley, 163 F. App'x 239 (4th Cir. 2006)

United States v. Antley

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6875

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JOSEPH DALE ANTLEY,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CR-02-14; CA-04-2070)

Submitted: January 19, 2006 Decided: January 24, 2006

Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Joseph Dale Antley, Appellant Pro Se. Brent Alan Gray, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Joseph Dale Antley seeks to appeal the district court’s

order denying relief on his motion filed under

28 U.S.C. § 2255

(2000). 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

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, 336-38

(2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000); Rose v. Lee,

252 F.3d 676, 683

(4th Cir. 2001).

We have independently reviewed the record and conclude that Antley

has not made the requisite showing. Accordingly, we deny a

certificate of appealability and dismiss the appeal. 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

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Reference

Status
Unpublished