United States v. Hoey , 207 F. App'x 357 ( 2006 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-7437
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    TONY HOEY,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.    Lacy H. Thornburg,
    District Judge. (4:96-cr-00053; 1:04-cv-00146)
    Submitted: November 21, 2006              Decided:   December 1, 2006
    Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Tony Hoey, Appellant Pro Se. Thomas Richard Ascik, OFFICE OF THE
    UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Tony Hoey seeks to appeal the district court’s orders
    denying relief on his 
    28 U.S.C. § 2255
     (2000) motion.             The 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 Hoey 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: 06-7437

Citation Numbers: 207 F. App'x 357

Judges: Traxler, Duncan, Hamilton

Filed Date: 12/1/2006

Precedential Status: Non-Precedential

Modified Date: 11/5/2024