U.S. Court of Appeals for the Fourth Circuit, 2007

United States v. Duncan

United States v. Duncan
U.S. Court of Appeals for the Fourth Circuit · Decided May 15, 2007 · Motz, Duncan, Hamilton
227 F. App'x 298

United States v. Duncan

Opinion

PER CURIAM:

Bobbi Duncan has filed a motion for certificate of appealability in regard to the district court’s denial of her 28 U.S.C. § 2255 (2000) motion. 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). *299 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 Duncan has not made the requisite showing. Accordingly, we deny her motion for 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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