United States v. Davis , 156 F. App'x 592 ( 2005 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-6332
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    SHAWN LARON DAVIS,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. W. Earl Britt, Senior
    District Judge. (CR-03-153)
    Submitted:   November 22, 2005            Decided:   December 2, 2005
    Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Shawn Laron Davis, Appellant Pro Se. Eric David Goulian, OFFICE OF
    THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Shawn Laron Davis seeks to appeal the district court’s
    order accepting the recommendation of the magistrate judge and
    denying relief on his 
    28 U.S.C. § 2255
     (2000) motion.          This 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 the district
    court’s assessment of his constitutional claims is debatable and
    that any dispositive procedural findings by the district court are
    also debatable or wrong.     See 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 (4th Cir. 2001).           We have independently
    reviewed the record and conclude that Davis 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: 05-6332

Citation Numbers: 156 F. App'x 592

Filed Date: 12/2/2005

Precedential Status: Non-Precedential

Modified Date: 10/30/2014