United States v. Evans , 301 F. App'x 200 ( 2008 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-7565
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    VERDELL EVANS, a/k/a Verdell Evans, Jr.,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.    Margaret B. Seymour, District
    Judge. (6:02-cr-00612-MBS-1; 6:05-cv—02406-MBS)
    Submitted:    November 20, 2008             Decided:   December 1, 2008
    Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Verdell Evans, Appellant Pro Se. Isaac Louis Johnson, Jr.,
    OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Verdell         Evans    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 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    Evans        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
    2
    

Document Info

Docket Number: 08-7565

Citation Numbers: 301 F. App'x 200

Judges: Motz, Gregory, Hamilton

Filed Date: 12/1/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024