United States v. Bilal , 51 F. App'x 444 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7241
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVIDA BILAL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CR-00-48, CA-01-433)
Submitted: November 21, 2002 Decided: December 2, 2002
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Davida Bilal, Appellant Pro Se. Laura Marie Everhart, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Davida Bilal seeks to appeal the district court’s order
denying relief on her motion filed under 28 U.S.C. § 2255 (2000).
A certificate of appealability will not issue for claims addressed
by a district court on the merits absent “a substantial showing of
the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2)
(2000). As to claims dismissed by a district court solely on
procedural grounds, a certificate of appealability will not issue
unless the movant can demonstrate both “(1) ‘that jurists of reason
would find it debatable whether the petition states a valid claim
of the denial of a constitutional right’ and (2) ‘that jurists of
reason would find it debatable whether the district court was
correct in its procedural ruling.’” Rose v. Lee, 252 F.3d 676, 684
(4th Cir. 2001) (quoting Slack v. McDaniel, 529 U.S. 473, 484
(2000)). We have reviewed the record and conclude for the reasons
stated by the district court that Bilal has not satisfied either
standard. See United States v. Bilal, Nos. CR-00-48; CA-01-433
(E.D. Va. July 23, 2002). 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
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