United States v. Jeffreys ( 2007 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-6766
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    BRENDA KAY JEFFREYS, a/k/a William B. Kay,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Terrence W. Boyle,
    District Judge. (CR-01-16)
    Submitted:   July 31, 2007                 Decided:   August 23, 2007
    Before TRAXLER, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Brenda Kay Jeffreys, Appellant Pro Se.    John Eric Evenson, II,
    Winnie Jordan Reaves, Assistant United States Attorneys, Raleigh,
    North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Brenda Kay Jeffreys seeks to appeal the district court’s
    orders denying relief on her 
    28 U.S.C. § 2255
     (2000) motion,
    denying her motion to alter or amend the judgment, and denying her
    request for a certificate of appealability.          These 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) (2000).
    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 Jeffreys has not made the requisite
    showing.     Accordingly, we deny the motion 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 -
    

Document Info

Docket Number: 05-6766

Judges: Traxler, King, Gregory

Filed Date: 8/23/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024