United States v. Dawson , 209 F. App'x 302 ( 2006 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-7113
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ANTHONY DAWSON,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. G. Ross Anderson, Jr., District
    Judge. (8:04-cr-0836; 8:06-cv-1295-GRA)
    Submitted:    October 31, 2006            Decided:     December 11, 2006
    Before MICHAEL, KING, and DUNCAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Anthony Dawson, Appellant Pro Se.    Alan Lance Crick, Assistant
    United States Attorney, Greenville, South Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Anthony Dawson seeks to appeal the district court’s order
    dismissing as untimely 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 Dawson 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: 06-7113

Citation Numbers: 209 F. App'x 302

Judges: Duncan, King, Michael, Per Curiam

Filed Date: 12/11/2006

Precedential Status: Non-Precedential

Modified Date: 11/5/2024