U.S. Court of Appeals for the Fourth Circuit, 2006

United States v. Grandison

United States v. Grandison
U.S. Court of Appeals for the Fourth Circuit · Decided April 21, 2006 · Hamilton, King, Michael
177 F. App'x 300

United States v. Grandison

Opinion of the Court

PER CURIAM:

Anthony Grandison, Jr., seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion and denying his motion for reconsideration pursuant to Fed.R.Civ.P. 59(e), 60(b). 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 ruling by the district court is likewise debatable. 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 (4th Cir. 2001). We have independently reviewed the record and conclude that Grandison 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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