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

United States v. Curtis

United States v. Curtis
U.S. Court of Appeals for the Fourth Circuit · Decided June 26, 2007 · Niemeyer, Williams, Shedd
231 F. App'x 234

United States v. Curtis

Opinion

PER CURIAM:

Michael Curtis seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying as successive his motion filed under 28 U.S.C. § 2255 (2000). The order is 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Curtis has not made the requisite showing. Accordingly, we deny Curtis’ motion to hold his case in abeyance as moot, and 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 *235 and argument would not aid the decisional process.

DISMISSED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.