United States v. Bartee , 157 F. App'x 587 ( 2005 )


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  • PER CURIAM:

    Grenetta L. Bartee seeks to appeal the district court’s order dismissing as untimely her 28 U.S.C. § 2255 (2000) motion. An appeal may not be taken from the final order in a § 2255 proceeding 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 her 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Bar-tee has not made the requisite showing. Accordingly, we deny Bartee’s motion for a certificate of appealability and dismiss her 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

Document Info

Docket Number: No. 05-6810

Citation Numbers: 157 F. App'x 587

Judges: Gregory, Motz, Traxler

Filed Date: 12/5/2005

Precedential Status: Precedential

Modified Date: 11/5/2024