United States v. Leftwich

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7306
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
COREY MICHAEL LEFTWICH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Malcolm J. Howard,
Senior District Judge. (4:00-cr-00037-H; 4:04-cv-10-H)
Submitted: March 21, 2007 Decided: April 10, 2007
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Corey Michael Leftwich, Appellant Pro Se. Mary Jude Darrow,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Corey Michael Leftwich seeks to appeal the district
court’s order denying his Fed. R. Civ. P. 60(b) motion for
reconsideration of the district court’s prior order dismissing his
28 U.S.C. § 2255 (2000) motion as untimely filed. 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 Leftwich 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
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