U.S. Court of Appeals for the Fourth Circuit, 2008

United States v. Hedgepeth

United States v. Hedgepeth
U.S. Court of Appeals for the Fourth Circuit · Decided May 29, 2008 · Motz, Duncan, Hamilton
279 F. App'x 233

United States v. Hedgepeth

Opinion

*234 PER CURIAM:

Gwendolyn Cheek Hedgepeth seeks to appeal the district court’s order denying relief on her 28 U.S.C. § 2255 (2000) motion. 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 certifícate 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 Hedgepeth has not made the requisite showing. Accordingly, we deny Hedgepeth’s “Motion for Suspension of the Finality of Judgment/the Enforcement of New Orders Pending Appeal,” deny a certificate of appealability, and dismiss the appeal. We deny Hedgepeth’s motion for 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.

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