United States v. Henoud

U.S. Court of Appeals for the Fourth Circuit
United States v. Henoud, 363 F. App'x 263 (4th Cir. 2010)

United States v. Henoud

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John Maurice Henoud seeks to appeal the district court’s order denying relief on his 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 ap-pealability 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 disposi-tive 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 Henoud has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the *264 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. John Maurice HENOUD, A/K/A John Harvey, A/K/A J.M. Harvey, A/K/A J.M. Hardey, A/K/A Jerry Geohn Davidson, Defendant-Appellant
Cited By
1 case
Status
Unpublished