United States v. Stapleton

U.S. Court of Appeals for the Fourth Circuit
United States v. Stapleton, 164 F. App'x 439 (4th Cir. 2006)

United States v. Stapleton

Opinion

PER CURIAM:

Glen Wayne Stapleton seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255 (2000) motion as a successive motion for which prefiling authorization had not been obtained, and a subsequent order denying his motion for reconsideration. See 28 U.S.C. § 2244 (2000). The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); see Jones v. Braxton, 392 F.3d 683, 684 (4th Cir. 2004). 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, 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 Stapleton 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

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Glen Wayne STAPLETON, Defendant—Appellant
Status
Unpublished