United States v. Williams
United States v. Williams
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-6740
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LLOYD ANTHONIE WILLIAMS,
Defendant – Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (4:98-cr-00144-LHT-1; 1:06-cv-00193-LHT)
Submitted: October 30, 2008 Decided: January 12, 2009
Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lloyd Anthonie Williams, Appellant Pro Se. Thomas Richard Ascik, Assistant United States Attorney, Jerry Wayne Miller, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Lloyd Anthonie Williams seeks to appeal the district
court’s orders denying relief on his
28 U.S.C.A. § 2255(West
2006 & West Supp. 2008) motion and his motion to reconsider.
The orders are 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) (2006). 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(2003); Slack v. McDaniel,
529 U.S. 473, 484(2000); Rose v. Lee,
252 F.3d 676, 683-84(4th
Cir. 2001). We have independently reviewed the record and
conclude that Williams has not made the requisite showing.
Accordingly, we deny Williams’ motions 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
2
Reference
- Status
- Unpublished