United States v. Hinton , 53 F. App'x 283 ( 2002 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7493
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    FRANK LATHAN HINTON,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (CR-94-106)
    Submitted:   December 16, 2002         Decided:     December 20, 2002
    Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Frank Lathan Hinton, Appellant Pro Se. Arenda L. Wright Allen,
    Assistant United States Attorney, Norfolk, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Frank Lathan Hinton, a federal prisoner, seeks to appeal the
    district court’s order denying relief on his motion filed under 
    28 U.S.C. § 2255
     (2000).     An appeal may not be taken from the final
    order in a proceeding under § 2255 unless a circuit justice or
    judge   issues   a   certificate   of   appealability.   
    28 U.S.C. § 2253
    (c)(1)(B) (2000).     When, as here, a district court dismisses a
    § 2255 motion solely on procedural grounds, a certificate of
    appealability will not issue unless the movant can demonstrate both
    “(1) ‘that jurists of reason would find it debatable whether the
    petition states a valid claim of the denial of a constitutional
    right’ and (2) ‘that jurists of reason would find it debatable
    whether the district court was correct in its procedural ruling.’”
    Rose v. Lee, 
    252 F.3d 676
    , 684 (4th Cir.) (quoting Slack v.
    McDaniel, 
    529 U.S. 473
    , 484 (2000)), cert. denied, 
    122 S. Ct. 318
    (2001).    We have reviewed the record and conclude for the reasons
    stated by the district court that Hinton has not made the requisite
    showing.    See United States v. Hinton, No. CR-94-106 (E.D. Va.
    filed July 30, 2002; entered July 31, 2002).      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: 02-7493

Citation Numbers: 53 F. App'x 283

Judges: Luttig, Michael, Motz

Filed Date: 12/20/2002

Precedential Status: Non-Precedential

Modified Date: 11/6/2024