United States v. Cline

U.S. Court of Appeals for the Fourth Circuit
United States v. Cline, 357 F. App'x 527 (4th Cir. 2009)

United States v. Cline

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7608

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SANTANA JADE CLINE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:07-cr-00133-GBL-1; 1:09-cv-00373-GBL)

Submitted: December 15, 2009 Decided: December 21, 2009

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Santana Jade Cline, Appellant Pro Se. Stephanie Bibighaus Hammerstrom, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Santana Jade Cline seeks to appeal the district

court’s order denying relief on her

28 U.S.C.A. § 2255

(West

Supp. 2009) motion. The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.

28 U.S.C. § 2253

(c)(1) (2006). 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 Cline has

not made the requisite showing. Accordingly, we 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 and argument would not aid the decisional process.

DISMISSED

2

Reference

Status
Unpublished