United States v. Smith
United States v. Smith
Opinion of the Court
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Antoine Nobel Smith seeks to appeal the district court’s order denying relief on his motion to “reopen a voided judgment due to res judicata and/or collateral estoppel” and construed as an attempt to file a 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
DISMISSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.