United States v. Persaud

U.S. Court of Appeals for the Fourth Circuit
United States v. Persaud, 215 F. App'x 243 (4th Cir. 2007)

United States v. Persaud

Opinion

PER CURIAM:

Ian Andre Persaud seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion, and his motion to amend his § 2255 motion. The orders are not appealable unless a circuit justice or judge issues a certifícate 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Persaud 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. Ian Andre PERSAUD, A/K/A Baby Face Persaud, A/K/A Mark Persaud, Defendant — Appellant
Cited By
1 case
Status
Unpublished