Degout v. O'Brien , 258 F. App'x 551 ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 07-7306
    RICHARD DAVID DEGOUT,
    Petitioner - Appellant,
    versus
    TERRY O’BRIEN, Warden,
    Respondent - Appellee.
    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, Senior District
    Judge. (7:07-cv-00374-jct)
    Submitted:   December 13, 2007         Decided:     December 20, 2007
    Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Richard David Degout, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Richard David Degout seeks to appeal the district court’s
    order treating his petition filed under 28 U.S.C. § 2241 (2000), as
    a successive 28 U.S.C. § 2255 (2000) motion and dismissing it on
    that basis.     The order is not appealable unless a circuit justice
    or   judge   issues   a   certificate   of   appealability.      28   U.S.C.
    § 2253(c)(1) (2000); Reid v.     Angelone, 
    369 F.3d 363
    , 369 (4th Cir.
    2004).   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 Degout has not
    made the requisite showing.      Accordingly, we deny a certificate of
    appealability, deny leave to proceed in forma pauperis, 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: 07-7306

Citation Numbers: 258 F. App'x 551

Judges: Niemeyer, Motz, Shedd

Filed Date: 12/20/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024