United States v. Causwell

U.S. Court of Appeals for the Fourth Circuit
United States v. Causwell, 170 F. App'x 268 (4th Cir. 2006)

United States v. Causwell

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7345

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ANTHONY CAUSWELL,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (CR-98-399-MBS; CA-02-3236-CWH)

Submitted: February 23, 2006 Decided: March 1, 2006

Before WIDENER, NIEMEYER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Causwell, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Anthony Causwell seeks to appeal the district court’s

order denying relief on his motion for reconsideration filed in his

28 U.S.C. § 2255

(2000) proceeding. An appeal may not be taken

from the final order in a § 2255 proceeding 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

(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

Causwell 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Unpublished