United States v. Coombs

U.S. Court of Appeals for the Fourth Circuit
United States v. Coombs, 286 F. App'x 807 (4th Cir. 2008)

United States v. Coombs

Opinion

PER CURIAM:

Albert Newton Coombs seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appeal-able 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 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 Coombs has not made the req *808 uisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We deny as moot Coombs’ motion to place this appeal in abeyance until March 3, 2008. * 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.

*

To the extent Coombs seeks retroactive application of U.S. Sentencing Guidelines Manual § 2D1.1 (2007) (Amendment 706) to his sentence, see USSG § 1B1.10(c) (Mar. 3, 2008), he may apply for a reduction in the district court pursuant to 18 U.S.C. § 3582(c)(2) (2000).

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Albert Newton COOMBS, Defendant-Appellant
Status
Unpublished