-
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6798 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DAX ANDRE-VINCENT PARKER, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR-99-447; CA-03-824) Submitted: December 15, 2005 Decided: December 21, 2005 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Stanley E. Baritz, Rockville, Maryland, for Appellant. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Dax Andre-Vincent Parker seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2255(2000) motion. The order is 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 his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell,
537 U.S. 322, 336 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Parker 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
Document Info
Docket Number: 05-6798
Citation Numbers: 158 F. App'x 481
Filed Date: 12/21/2005
Precedential Status: Non-Precedential
Modified Date: 10/30/2014