United States v. Dantzler , 118 F. App'x 735 ( 2004 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-7361
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    HARRY L. DANTZLER,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. David C. Norton, District Judge.
    (CR-01-331; CA-03-2809-2-18)
    Submitted:   December 16, 2004            Decided:   December 23, 2004
    Before MICHAEL, KING, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Harry L. Dantzler, Appellant Pro Se. John Michael Barton, OFFICE
    OF THE UNITED STATES ATTORNEY, Columbia, South Carolina; Michael
    Rhett DeHart, Assistant United States Attorney, Charleston, South
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Harry L. Dantzler seeks to appeal the district court’s
    order denying relief on his motion filed under 
    28 U.S.C. § 2255
    (2000).     The order is not appealable unless a circuit justice or
    judge     issues    a   certificate      of    appealability.       
    28 U.S.C. § 2253
    (c)(l) (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 Dantzler 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: 04-7361

Citation Numbers: 118 F. App'x 735

Filed Date: 12/23/2004

Precedential Status: Non-Precedential

Modified Date: 4/18/2021